^  A.  J.  GUNNISON.^ 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


TWENTY-FIRST  THOUSAND. 


THE   i^EW 


CLEKK'S  ASSISTANT, 


OR 


BOOK  OF  PRACTICAl  POEMS- 


OONTAININO  NUMEROUS   PRECEDENTS   AND   FORMS  FOR  ORDINARY  BUSINESS 

TRANSACTIONS,    WITH    REFERENCES    TO    THE   VARIOUS    STATUTES, 

AND   LATEST  JUDICIAL  DECISIONS: 

DESIGNED 

FOR  THE    USE    OF   COUNTY   AND   TOWN    OFFICERS, 

MERCHANTS,  MECHANICS,  FARMERS,  AND 

PROFESSIONAL  MEN. 

TO  WHICH  IS  ADDED  AN  APPENDIX, 

CONTAINING 

THE   NEW   CONSTITUTION 

OF  THE  STATE  OP  NEW  YORK. 


BY    JOHN    S.    JENKINS, 

OOUMSBLLOB    AT    LAW 


AUBURN: 

DERBY   &  MILLER. 

BUFFALO: 

DERBY,    ORTON    &   MULLIGAN. 


1^4. 


T 


^I7f 


1254- 


Entered  according  to  Act  of  Congress,  in  the  year  1850,  by 

derb:y  and  miller, 

In  the  Clerk's  Office  for  the  Northern  District  of  New  Tork. 


nWBTT,  TROHAB  A  00., 

STBRBOTTPSaS, 

BUFFALO,  M.  T. 


PEEFACE 

TO    THE    FOURTH    EDITION 


Teb  object  originally  had  in  view,  in  the  preparation  of  this  tsroriv, 
was,  to  provide  a  practical  form  book  for  business  men, — one  that 
should  be  full  and  complete,  and  yet  simple  and  clear  in  its  arrange- 
ment, and  easily  understood.  It  has  already  passed  through  thre* 
large  editions,  and  the  publishers  have  been  at  length  compelled  to 
stereotype  it»  in  order  to  enable  them  to  supply  the  demand-  It  ia 
but  reasonable,  therefore,  to  infer,  that  the  publkj  approve  erf  tbe 
plan  of  the  work  and  of  its  execution- 

■  To  County  and  Town  Offic»w  of  every  grade, — ^to  business  men  of 
all  classes, — ^to  the  farmer,  the  mechanic,  and  the  merchant, — this 
book  is  believed  to  be  a  useful  and  reliable  gnide  end  director,  as 
well  in  the  discharge  of  the  public  duties  that  may  devolve  on  them, 
as  in  the  management  of  their  own  private  affaira  The  Chapters  on 
Auctions,  Banks  and  Corporations,  Fees  of  Officers,  Homestead  Ex- 
emption, Mechanics'  and  Laborers'  lien.  Plank  Roads,  Supervisors, 
Taxes,  Town  Auditors  and  Town  Houses,— and  the  references  to  the 
Statutes  and  legal  decisions, — are  new  features  in  a  work  of  this  cha- 
racter. A  considerable  amotmt  of  information,  and  a  great  number 
of  forms,  are  also  contained  in  each  one  of  the  different  divisions, 
which  are  not  to  be  found  in  any  other  work  or  publicatioa 

No  more  changes  have  been  made  in  this  edition  than  were  abso 

671512 


JV  PREFAOlt 

lately  necessary.  It  has  been  the  constant  aim  of  the  author  and 
publishers,  to  have  the  book  conform,  in  all  respects,  to  the  Laws  of 
the  State  as  existing  at  the  time  of  the  publication-  of  each  edition. 
Tliis  has  been  a  leading  and  peculiar  feature  of  the  work.  It  is  pos- 
sible that  some  might  deem  it  still  more  valuable,  if  it  could  remain 
permanent ;  but  a  moment's  reflection  will  serve  to  convince  them, 
that  its  highest  and  greatest  usefulness  must  depend  on  its  keeping 
up  with  the  modifications  and  changes  that  may,  from  time  to  time, 
be  made. 

New  Chapters, — on  the  Exemption  of  the  Homestead  of  a  family 
from  sale  on  execution,  Plank  Roads,  and  the  Duties  of  Supervi- 
sors,— have  been  inserted  in  this  edition. 

The  third  edition  of  the  Revised  Statutes  having  now  come  mto 
general  use,  the  references  herein  contained  apply  to  the  paging  and 
section  numbers  of  that  edition.  It  may  be  proper  further  to  state, 
lest  any  one  not  famiUar  with  the  plan  of  the  work  may  be  led 
mto  error,  that  the  words  in  the  forms,  in  Italic  letter,  contained 
in  brackets,  are  designed  to  be  merely  directory,  and  those  in  Ro- 
man are  alone  to  be  inserted,  where  any  variation  is  proper  or  ne- 
cessary. 

AuBURW,  September  1, 1860. 


GENERAL  CONTENTS. 


.ju 


CHAPTER  L  p^ 

Acknowledgment  and  Proof  of  Deeds,  Mortgages,  and  other  In- 
struments.— Certificates  of  Discharge  and  Satisfaction, ....       9 

CHAPTER  IL 
Agreements  and  Contracts, 28 

CHAPTER  IIL 
Apprentices  and  Servants, • 45 

CHAPTER  IV. 
Arbitration  and  Award, • 03 

CHAPTER  V. 
Assignments, 72 

CHAPTER  VL 
Auctions, 86 

CHAPTER  VIL 
Banks  and  Corporations, 02 

CHAPTER  VIIL 
Bilk  of  Exchange  and  Promissory  Notes, 102 

CHAPTER  YL 
BUls  of  Sale  and  Chattel  Mortgages, 112 

CHAPTER  X. 
Bonds, 121 


fl  GBNSRAl  00KTEKT4. 

CHAPTER  XL 
Clerks  and  Criers, 132 

CHAPTER  Xa 
Conveyances  by  Deed  and  Mortgage, .«• 149 

CHAPTER  Xm. 
Coroners, • «••.«*•• 188 

CHAPTER  xnr. 

Covenants ,; «•• 198 

CHAPTER  XV. 
Debtor  and  Creditor, *... 203 

CHAPTER  XVL 
Dower,.... » .,....•.• 222 

CHAPTER  XVIL 
Excise, .280 

CHAPTER  XVm. 
Fees  of  Officers,...^ 236 

CHAPTER  XIX. 
Fence 'Viewei's, , ...*..*.. 260 

CHAPTER  XX 
Ferries, 267 

CHAPTER  XXL 
Gifts,. 271 

CHAPTER  XXIL 
Highways,.,, ,«,. 274 

CHAPTER  XXHL 
Husband  and  Wife, 318 

CHAPTER  XXIV. 
Homestead 'E:(emption« .«...••...,.....  399 


OENXRAI.  COKTENT&  In 

CHAPTER  XXV. 
Justices'  Courts, «••••.••...  334 

CHAPTER  XXVL 
Landlord  and  Tenant, •..•«.....•.....•».....  881 

CHAPTER  XXVn. 
Lunatics,  .»,. , ,.,.,..  418 

CHAPTER  XXVHL 
Mechanics' and  Laborers'  Lien,.. ., ,•,, 41f 

CHAPTER  yTTY. 
Naturalization, ••.*.  424 

CHAPTER  XXX. 
Official  Oath  and  Bond, , 429 

CHAPTER  XXXL 
Partnership 433 

CHAPTER  XXXn. 
Patente, 442 

CHAPTER  XXXHL 
Pension  Vouchers,. .•..........*.**• 452 

CHAPTER  XXXIV. 
Plank  Roads  and,  Turnpikes, 460 

CHAPTER  XXXV. 
Poor  Laws, 470 

CHAPTER  XXXVL 
Powers  of  Attorney, ••••  601 

CHAPTER  XXXVn. 
Receipt  and  Release, ••  60f 

CHAPTER  XXXVHL 
Schools. -.  BIB 


Vn  OENERAX   CONTENTS. 

CHAPTER  XXXIX. 
Service  and  Return  of  Process  in  Justices'  Courts, >«. .••....  653 

CHAPTER  XL. 
Strays, 662 

CHAPTER  XLL 
Supervisors, .«...•..  564 

CHAPTER  XLIL 
Taxes, 673 

CHAPTER  XLIIL 
Towa  Auditors, 581 

CHAPTER  XLIV. 
Town  Houses, 584 

CHAPTER  ;XLV. 
Wills, 586 


•/ 


THE  NEW  CLERFS  ASSISTANT. 


CHAPTER  I. 

Acb:no"wledgment  and  proof  of  deeds,  mortgages,  and  other 
instruments. certificates  of  discharge  and  satisfaction. 

practical    remarks. 

1.  In  order  to  entitle  a  deed  or  conveyance  of  land  to  be  recorded, 
it  is  necessary  that  it  should  be  previously  acknowledged  or  proved, 
before  the  proper  officer;  except,  that  in  New  Hampshire  and  Ver- 
mont, a  deed  may  be  recorded  without  the  acknowledgment,  but  it 
•will  be  valid  against  the  claims  of  creditors  and  subsequent  purcha- 
sers for  sixty  days  only.  The  Revised  Statutes  of  New  York 
require  all  coriveyances  of  lands,  tenements  and  chattels  real,  with 
the  exception  oi  leases  for  a  term  not  exceeding  three  years,  to  be 
recorded.^ 

2.  Deeds  or  conveyances,  though  not  recorded,  are  valid  as 
between  the  parties  and  their  representatives,  but  not  against  judg- 
ment creditors,  or  subsequent  purchasers  in  good  faith.  In  Mary- 
land, Virginia  and  North  Carolina,  however,  it  is  necessary  for  a 
deed  to  be  acknowledged  and  recorded,  to  pass  the  title  of  the 
grantor. 

3.  Ofiicers  authorized  to  take  the  -proof  or  acknowledg-ment  of 
instruments,  are  restricted  in  the  exercise  of  their  authority  for  such 
purposes,  to  the  plaee  or  territory  to  which  the  jurisd'-ction  of  the 
court  to  which  they  belong  extends,  or  to  the  city,  oounty,  or  town 
in  and  for  which  they  may  have  be^en  appointed  or  elected.* 

4.  Justices  of  the  Peace  may  take  the  proof  or  acknowledgTQcnt 
of  conveyances  or  instruments,  at  any  place  within  the  counties  in 
which  they  reside.^ 

5.  Conveyances  of  lands  within  this  State,  and  all  contracts, 
powers  of  attorney,  and  other  instruments  relating  to  the  same,  may 
be  acknowledged  or  proved,  as  follows : 


»  2  U.  S.,  (3(1  ed.)  40.  5§  1,  4;  Id.  46,  47, 
§§40,  4?,  44;  8  Wendell,  620;  15  Id.,  588, 
695  J  6  mil,  469. 


»  2R.  S.,(3ded.)40,  §4. 
8  La\y3  of  IS40,  Cliap.  238. 


10  KBW  clerk's  assistant. 

1.  In  the  State:  before  the  Justices  of  the  Supreme  Court,  County 
Judges,  Mayors  and  Recorders  of  cities,  Commissioners  of  Deeds  in 
cities,  and  Justices  of  tiie  Peace  in  the  several  towns. 

2.  Out  of  the  State,  and  in  the  United  States:  before  the  Chief 
Justice  and  Associate  Justices  of  the  Supreme  Court  of  the  United 
States,  District  Judges  of  the  United  States,  the  Judges  or  Justices  of 
the  Supreme,  Superior,  or  Circuit  Court,  of  any  State  or  Territory 
within  the  United  States,  the  Chief  Judge,  or  any  Associate  Judge  of 
the  Circuit  Court  of  the  United  States  in  the  District  of  Columbia, 
Mayors  of  cities  in  the  United  States,  and  Commissioners  of  Deeds  ap- 
pointed by  the  Governor  of  this  State,  in  other  States  and  Territories, 
and  the  District  of  Columbia. 

3.  Out  of  the  United  States:  before  a  Judge  of  tl\e  highest  Court, 
in  Upper  or  Lower  Canada;  before  any  Consul  of  the  United  States, 
Charge  d' Affaires,  Minister  Plenipotentiary,  or  Minister  Extraordinary, 
resident  in  any  foreign  country;  before  the  Mayor  of  London,  the 
Mayors  or  Chief  Magistrates  of  Dublin,  Edinburgh  and  Liverpool,  and 
any  person  specially  authorized  by  a  commission  under  the  seal  of  the 
Supreme  Court  of  this  State.^ 

6.  The  proof  or  acknowledgment  of  any  conveyance  or  instrument, 
that  may  be  recorded  or  read  in  evidence  in  this  State,  when  made 
by  any  person  residing  out  of  the  State,  and  within  any  other  State 
or  Territory  of  the  United  States,  may  be  made  before  any  officer 
of  such  State  or  Territory,  authorized  by  the  laws  thereof  to  take 
the  proof  and  acknowledgment  of  deeds.  It  is  necessary,  however, 
that  such  officer  should  know,  or  have  satisfactory  evidence,  that 
the  person  making  such  acknowledgment  is  the  individual  described 
in,  and  who  executed  the  conveyance  or  instrument;  also,  that  to 
the  certificate  of  the  officer,  there  should  be  attached  a  certificate 
under  the  name  and  official  seal  of  the  clerk  or  register  of  the  county 
in  which  be  resides,  specifying,  that  at  the  time  of  taking  the 
proof  or  acknowledgment,  he  was  duly  authorized  to  take  the  same, 
and  verifying  his  hand  writing.'' 

Y.  Tlie  official  title  of  an  acknowledging  officer  should  always  be 
attached  to  his  certificate,  in  full.  If  he  be  a  Judge,  he  should  state 
of  what  court;  if  a  Commissioner,  or  Justice  of  the  Peace,  the  city 
or  county  in  and  for  w^hich  he  is  such  Commissioner,  or  Justice, 
should  be  mentioned;  and  if  a  Minister  Plenipotentiary,  or  Charge 
d' Affaires,  he  should  say  from  what  government  he  is  appointed, 
and  to  what  government  he  is  accredited. 

8.  Where  a  deed  is  proved  or  acknowledged  before  a  Commissioner 
of  Deeds,  Justice  of  the  Peace,  or  County  Judge,  not  of  the  degree 
of  Counsellor  at  law,  the  certificate  of  the  County  Clerk  to  the 

I  2  R.  S.,  (3d  ed.)  40,  5  4  ;  Laws  of  1S40,  |     »  Laws  of  1848,  Chap.  198. 
Chap.  238 ;  Id.,  290 :  Laws  of  1845,  Chap. 
109 ;  Laws  of  1847,  Chap.  280. 


ACKNOWLEDGMENTS,    ETC,  11 

officicti  Character  of  the  officer  taking  tlie  proof  or  acknowledgment, 
and  the  genuineness  of  his  signature,  should  be  procured,  if  the 
instrument  is  to  be  recorded  in  another  county. 

9.  By  the  laws  of  this  State,  every  written  instrument,  except 
promissory  notes,  bills  of  exchange,  and  the  last  wills  of  deceased 
persons,  may  be  proved  or  acknowledged,  and  read  in  evidence  on 
the  trial  of  any  action,  with  the  same  effect,  and  in  the  same  man- 
ner, as  conveyances  of  real  estate.* 

10.  Where  the  execution  of  a  coaveyance  is  acknowledged  by  the 
party  in  person,  the  officer  taking  the  same  must  certify  to  the 
identity.* 

11.  Where  the  execution  is  proved  by  a  subscribing  witness,  he 
must  state  his  own  place  of  residence,  and  that  he  knows  the  person 
described  in,  and  who  executed  the  conveyance.^ 

1 2.  A  substantial  compliance  with  the  requirements  of  the  statute 
relative  to  the  proof  and  acknowledgment  of  conveyances,  and  other 
instruments,  is  all  that  is  required :  the  identical  language  of  the  law 
need  not  be  used.* 

13.  Whenever  erasures  or  interlineations  occur  in  any  convey- 
ance, they  should  be  noted  previous  to  the  execution,  or  mentioned 
in  the  certificate  of  the  officer  taking  the  proof  or  acknowledgment^ 

14.  Upon  the  application  of  any  grantee  in  any  conveyance,  or  of 
any  person  claimmg  under  or  through  him,  verified  by  oath,  repre- 
senting that  a  subscribing  witness,  residing  in  the  county  where  the 
application  is  made,  refuses  to  appear  and  testify,  any  officer  author- 
ized to  take  proofs  or  acknowledgments,  except  Commissic«iers  of 
Deeds  and  Justices  of  the  Peace,  may  issue  a  subpoena,  requiring 
such  'WTitness  to  appear  and  testify  before  him.* 

15.  Where  the  subscribing  witnesses  to  a  conveyance  are  dead, 
proof  of  its  execution  may  be  made  before  any  officer  authorized  to 
take  proofs  or  acknowledgments  of  deeds,  other  than  Commissioners 
of  Deeds,  Justices  of  the  Peace,  and  County  Judges,  not  of  the  de- 
gree of  counsel  in  the  Supreme  Court.  The  evidence  establibhing 
the  death  of  the  witnesses,  and  of  the  handwriting  of  such  witnesses, 
or  of  either  of  them,  and  of  the  grantor,  with  the  names  and  places 
of  residence  of  the  witnesses  examined  before  the  officer,  must  be  set 
forth  in  his  certificate.  The  conveyance  having  been  thus  proved 
and  certified,  may  be  recorded  in  the  proper  office,  provided  the 
original  deed  is  deposited  in  the  same  office,  to  remain  there  for  the 
insjxiction  of  all  persons  desiring  to  examine  it.  Such  record  and 
deposit  wiU  be  constructive  evidence  of  the  execution  of  the  said 
conveyance,  to  all  subsequent  purchasers,  although  such  conveyance, 
nor  the  record  thereof,  nor  the  transcript  of  the  record,  can  be  read 
in  evidence.'' 

1  Laws  of  1833,  Chap.  271.  1*2  Barbour's  Ch.  Rep.,  232. 

9  '.:•  E .  S.  (3d  ed.)  42,  §  12 ;  H  Johnson,  43.1 ;  »  8  Cowen,  71  :  7  Wendell,  364. 
2  Cowen,  552 ;  4  Wundell,  301  ;  13  Id.,  541.  1      «  2  R.  S.  (3d  ed.)43,  S§  16,  17. 

s  2  R.  S.,  (3d  ed.)  42,  §  IB  ;  7  Wendell.  364  ;  |  t  2  R.  S.,  (3d  ed.)  46,  §S  30-33. 
.1  Uill,  121. 


\2  NKW  clerk's  assistant. 

FORMS. 

§  1.  Certificate  of  acknowledgment  by  party  known  to  the  officer. 
County,  ss:' 
On  this  first  day  of  May,  in  the  yeaj-  of  our  Lord  one  thousand 
eio-ht  hundred  and  forty-five,  before  me  personally  came  A.  B.,  to 
me  known  to  be  the  individual  described  in,  and  who  executed  the 
within  \or,  above,  or,  annexed]  conveyance  \or,  bond;  or,  letter  of 
attorney;  or,  instrument  in  writing,]  and  acknowledged  that  he 
executed  the  same,  for  the  purposes  therein  mentioned. 

G.  H.,  County  Judge  of  said  county. 


§  2.     Certificate  where  identity  of  Party  is  proven  to  the  officer. 

County,  ss  : 
On  this  first  day  of  May,  &c.,  before  me  personally  came  A.  B., 
proven  to  me  satisfactorily  to  be  the  same  person  described  in,  and 
who  executed  the  within  conveyance,  by  the  oath  of  C.  D.,  sitbscri- 
hing  witness  thereto,'^  who  being  by  me  duly  sworn,  did  depose  and 
say,  that  he  resided  in  the  city  of  Auburn,  in  the  county  of  Cay- 
uga ;  that  he  was  acquainted  with  the  said  A.  B.,  and  that  he  knew 
him  to  be  the  same  person  described  in  and  who  executed  the  within 
conveyance  :  and,  thereupon,  the' said  A.  B.  acknowledged  that  he 
executed  the  same. 

E.  F.,  Justice  of  the  Peace  in  and  for  said  county. 


§  3.     By  Husband  and  Wife  —  known  to  the   Officer. 

County,  ss  : 
On  this  first  day  of  May,  &c.,  before  me  personally  came  A.  B., 
and  Mary  his  wife,  to  me  known  to  be  tlie  individuals  described  in, 
and  who  executed  the  within  conveyance,  and  acknowledged  that 
they  executed  the  same  ;  and  the  said  Mary  acknowledged,  on  a 
private  examination  by  me  made,  apart  from  her  husband,  that  she 
executed  the  said  conveyance  freely,  and  without  any  fear  or  com- 
pulsion of  him. 

C.  D.,  Commissioner  of  Deeds  in  and  for  said  county. 


§  4.     By  Husband  and  Wife  — proven  to  the  Officer. 

County,  S3  : 
On  this  first  day  of  May,  &c.,  before  me  personally  came  A.  B., 
and  Mary  his  wife,  both  proven  to  me  satisfactorily  to  be  the  same 
persons  described  in,  and  who  executed  the  within  conveyance,  by 


1  If  a  conveyance  or  instrument  is  proved 
or  acknowledged  in  this  Slate,  but  to  be  used 
or  recorded  in  another  State,  the  name  of 
lh«  Slate  ehould  be  inserted  in  the  heading  of 
tfie  certificate,  as  well  as  that  of  the  county. 


«  If  the  person  by  whose  oath  the  identity 
is  eslablisned,  is  not  a  subscribing  witness, 
the  words  in  italic,  in  the  above  and  subse- 
quent forms  mustjbe  omitted. 


jLCKNOWLEDGMENTS,    ETC.  18 

the  oath  of  John  Smith,  svhscribing  wittiess  thereto,  who  being-  by 
me  duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town  of 
in  said  county ;  that  he  was  acquainted  with  the  said  A.  B., 
and  Mary  his  wife;  that  he  knew  them  to  be  the  same  persons 
described  in,  and  who  executed  the  within  conv^eyance :  and,  there- 
upon, they  severally  acknowledged  before  me  that  they  executed  the 
same;  and  the  said  Mary,  &c.,  [as  in  §  3,  to  the  end.\ 

.    E.  F.,  Justice,  &c.' 


§  5.  -By  Husband  and  Wife  —  Husband  known,  and  Wife  proven 
to  the  Officer. 
County,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A.  B., 
and  Mary  his  wife ;  the  said  A.  B.  being  known  to  me  to  be  the  same 
person  described  in,  and  who  executed  the  within  conveyance;  and 
the  said  Mary  bding  proven  to  me  satisfactorily  to  be  the  same  per- 
son described  in,  and  who  executed  the  within  conveyance,  by  the 
oath  of  John  Smith,  subscribing  witness  thereto,  who  being  by  me 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town  of 
in  said  county ;  that  he  was  acquainted  with  the  said  Mary,  the  wife 
of  the  said  A.  B..  and  that  he  knew  her  to  be  the  same  person 
described  in,  and  who  executed  the  said  conveyance ;  and,  thereupon, 
the  said  A.  B.,  and  the  said  Mary  his  wife,  severally  acknowledged 
that  they  executed  the  same;  and  the  said  Mary,  <fec.,  \as  in  §  3  io 
the  end.]  E.  F.,  Justice,  <fec. 


§  6.  By  two  Husbands  and  their  Wives, 
County,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A.  B., 
and  Mary  his  wife,  and  C.  D.,  and  Lucy  his  wife,  known  to  me  to 
be  the  individuals  described  in,  and  who  executed  the  within  convey- 
ance, and  severally  acknowledged  that  they  executed  the  same ;  and 
the  said  Mary  and  Lucy,  severally,  each  for  herself,  acknowledged, 
on  a  private  examination  by  me  made,  apart  from  her  husband,  that 
she  executed  the  same  freely,  without  any  fear  or  compulsion  of  him. 

E.  F.,  Justice,  <fec. 


§  7.     By  Wife  in  separate  Certificate. 
County,  ss: 
On  this  first  day  of  May,  <fec.,  before  me  personally  came  M.  B., 
wife  of  A.  B.,  descnbed  in  the  witliin  conveyance,  tlie  said  M.  B. 
being   known  to  me  to  be  the  individual   described   in,  and  who 

»  The  official  title  of  the  officer  should  always  be  written  in  full,  and  not  abbreriated. 


14  HEW  clerk's  assistant. 

eiecuted  the  said  conveyance ;  and  she  acknowledged  in  a  private 
examination  by  me  made,  apart  from  her  husband,  tJiat  she  executed 
the  same  freely,  without  any  fear  or  comoulsion  of  him. 

E.  F.,  Justice,  (fee. 


§  8.    By  two  or  more  Parties 
County,  ss: 
On  tliis  first  day  of  May,  &c.,  before  me  personally  came  A.  B., 
and  C.  D.,  to  me  known  to  be  the  individuals  described  in,  and  who 
executed  the  within  conveyance,  and  they  severally,  each  for  himself 
acknowledged  that  they  executed  the  same. 

E.  F.,  Justice,  &c. 


§  9.     By  jive  persoTis  -—  three  known  and  two  ide^vtijied. 

County,  ss: 
On  tliis  first  day  of  May,  &c.,  before  me  personally  came  A.  B., 
C.  D.,  and  E.  F.,  to  me  known  to  be  three  of  the  individual's 
described  in,  and  who  executed  the  within  conveyance;  and  also 
came  G.  H.  and  I.  J.,  satisfactorily  proven  to  me  to  be  two  of  the 
individuals  described  in,  and  who  executed  the  within  conveyance, 
by  the  oath  of  M.  M.,  subscribing  tciiness  thereto,  who  being  by  me 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  toivn  of 

in  said  county ;  that  he  was  acquainted  with  the  said  G.  H.  and 
I.  J„  and  that  he  knew  them  to  be  the  two  individu;\ls  described  in, 
and  who  executed  the  within  conveyance :  and,  thereupon,  the  Sciid 
A.  B.,  C.  D.,  E.  F.,  G.  H.,  and  I.  J.,  severally  acknowledged  before 
me  that  they  executed  the  same,  for  the  purposes  therein  mentioned, 

0.  F^  Justice,  (fea 


§  10.     By  one  of  several  Parties. 

County,  ss: 
On  this  first  day  of  May,  &c.,  before  me  personally  came  A-  B, 
to  me  known  to  be  one  of  the  individuals  described  in,  and  who  exe- 
cuted the  within  conveyance,,  and  acknowledged  that  he  executed 
the  same.  E.  F.,  Justice,  <fec 


§  11.    By  an  Attorney. 

County,  ss: 

On  this  first  day  of  May,  &c.,  befbre  me  personally  came  A.  B., 

known  to  me  to  be  the  same  person  described  in,  and  who  executed 

the  within  conveyance,  and  acknowledged  that  he  executed  the  same 

«6  the  act  and  deed  of  C.  I>.,  therein  described,  by  virttie  of  a  power 


el  Waorney  duly  executed  by  the  said  C.  D.,  bearing  date  the 

day  of  ,  in  the  year  f  and  recorded  in  the 

office  of  the  Clerk  of  the  county  of  Onondaga,  in  book  A  of  Powers 
of  Attorney,  page  39,  on  the  day  of  ,  in  the 

year  .  E.  F^  Justice,  (fee 

§  12.  By  Attorney  known  to  the  Officer. 
County,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A.  B., 
knowH  to  me  to  be  the  Attorney  in  fact  of  C.  D.,  the  indindual 
described  in,  and  who  executed  the  within  conveyance,  by  his  said 
Attorney;  and  the  said  A.  B.  acknowledged  that  he  executed  the 
same,  as  the  act  and  deed  of  the  said  C.  D. 

E.  F.,  Justice,  (fe<j. 


§  13.     By  Attorney  proven  to  the  Officer^ 
Coimty,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A  B., 
proven  satisfactorily  to  me  to  be  the  same  person  described  in,  and 
who  executed  the  within  conveyance,  as  the  Attorney  in  fact  of  C. 
D.,  by  the  oath  of  G.  H.,  subscribing  witness  thereto,  who  being  by 
me  duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town  of 
in  said  county ;  that  he  was  acquainted  with  the  said  A.  B.,  and 
that  he  knew  him  to  be  the  individual  described  in,  and  who  exe- 
cuted the  said  conveyance,  as  the  Attorney  in  fact  of  C.  D.  :    and, 
thereupon,  the  Said  A  B.  acknowledged  before  me  that  he  executed 
the  same,  as  the  act  and  deed  of  the  said  C.  D. 

E.  F,  Justice,  (fee. 


§  14.  By  an  Executor  or  Trustee. 
County,  ss : 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A.  B^ 
known  to  me  to  be  the  Executor  of  the  last  will  and  testament  [or, 
Trustee  of  the  estate]  of  C.  D.,  mentioned  and  described  in  the 
within  conveyance,  and  the  said  A  B.  acknowledged  before  me  that 
he  executed  the  same,  as  such  Executor,  [or,  Trustee,]  as  aforesaid. 

E.  F.»  Justice,  (fee. 


§  15,    By  a  Sherjf. 
Coimty,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A,  B., 
Esquire,  Sheriff  [or,  late  Sheriff]  of  the  county  of  ,  to  me 

known  to  be  the  same  person  described  in,  and  who  executed  the 
within  conveyance,  and  acknowledged  that  he  executed  the  same. 

E.  F.,  Justice,  (fee. 


16  NEW  clerk's  assistant. 

§  16.     By  a  Deputy  Sheriff. 
County,  ss: 
On  this  tirst  day  of  May,  &c.,  before  me  personally  came  C.  D., 
to  me  known  to  be  the  individual  described  in,  and  who  executed 
the  within  conveyance,  as  the  general  deputy  of  A.  B.,  Esquire, 
Sheriff  of  the  county  of  ,  and  acknowledged  that  he  exe- 

cuted the  said  conveyance,  as  such  general  deputy  as  aforesaid. 

E.  E.,  Justice,  &c 


§  1 7.     By  a  Party  to  confirm  Deed  executed  during  Infancy. 

County,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  A.  B., 
to  me  known  to  be  the  indi\idual  described  in,  and  who  executed 
the  witliin  conveyance,  and  thereupon  duly  acknowledged  that  the 
said  conveyance  was  formerly  executed  by  him  w-hen  he  w^as  an 
infant  under  twenty-one  years;  that  he  has  since  arrived  at  full 
age,  and  is  desirous  of  coniirming  his  former  execution  thereof;  and 
that  he  now  acknowledges  that  he  executed  the  same,  as  and  for  hip 
act  and  deed.  E.  F.,  Justice,  &c. 


§  18.     Certificate  of  Proof  hy  Subscribing   Witness  known  to  the 

Officer. 
County,  ss: 
On  this  first  day  of  May,  <fec.,  before  me  personally  came  C.  D., 
subscribing  witness  to  the  within  conveyance,  to  me  known,  who, 
being  by  me  duly  sworn,  did  depose  and  say,  that  he  resided  in  the 
town  of  in  said  county ;  that  he  knew  A.  B.,  the  individual 

described   in,   and    who   executed    the    said   conveyance;    that   he 
was  present  and  saw  the  said  A.  B.  sign,  seal,  and  deliver  the  same, 
as  and  for  his  act  and  deed ;  and  that  the  said  A.  B.  acknowledged 
the  execution  thereof:  whereupon  the  said  C.  D.  became  the  sub 
scribing  witness  thereto.  E.  F.,  Justice,  <fec. 


§  19.     By  Subscribing  Witness  proven  to  the  Officer. 
County,  ss: 
On  this  first  day  of  May,  (fee,  before  me  personally  came  M.  N. 
and  C.  D.,  and  the  said  M.  N.,  to  me  known,  having  been  by  me 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town  of 

in  said  county ;  that  he  was  acquainted  with  the  said  C.  D.,  the 
subscribing  witness  to  the  within  conveyance,  and  that  he  knew  him 
to  be  the  same  person,  which  is  to  me  satisfactory  evidence  thereof 
and  the  said  C.  D.,  being  by  me  duly  sworn,  &c.,  [as  in  §  18,  to  the 
end.]  E.  F.,  Justice,  (fee. 


ACKNOWLEDGMENTS,    ETC.  ff 

8  20.     By  Subscribing    Witness —  Grantors  residing  in  anotner 

State. 
County,  ss: 
On  this  first  day  of  May,  &c.,  before  me  personally  came  C  D.. 
to  me  known,  who  being  by  me  duly  sworn,  did  depose  and  say,  that 
he  resided  in  the  tOAvn  of  in  said  county ;  that  he  knew  A.  B.. 

and  E.  his  wife,  the  individuals  described  in,  and  who  executed  the 
within  conveyance ;  that  they  severally  reside  in  the  town  of 

in  the  State  of  ;  that  he  was  present  and  saw  them 

sign,  seal,  and  deliver  the  said  conveyance,  as  and  for  their  act  and 
deed,  and  that  he  thereupon  became  the  subscribing  Avitness  thereto. 

E.  F.,  Justice,  &c. 


§  21.     The  same,  b^  Subscribing  Witness  proven  to  the  Officer. 
County,  ss: 

On  this  first  day  of  May,  <fec.,  before  me  personally  came  M.  N., 
and  C.  D.,  and  the  said  M.  N.  to  me  known,  having  been  by  me 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town  of 
in  said  county ;  that  he  was  accjuainted  with  the  said  C.  D.,  the  sub- 
scribing witness  to  the  within  conveyance,  and  that  he  knew  him  to 
be  the  same  person,  which  is  to  me  satisfactory  evidence  thereof  : 
and  the  said  C.«D.,  being  by  me  duly  sworn,  on  his  oath,  said,  that 
he  resided  in  the  town  of  in  the  State  of  ;  that 

he  knev/  A.  B.,  and  E.  his  wife,  &c.,  [as  in  §  20,  to  the  end.'\ 

E.  F.,  Justice,  (fee. 


§  22.     By  Subscribing    Witness  as  to  the  Husband,  and  Acknow- 
ledgment bij  the  Wife,  both  being  known  to  the  Officer. 

County,  ss: 
On  this  first  day  of  May,  &c.,  before  me  personally  came  C.  D., 
to  me  known,  who  being  by  me  duly  sworn,  did   depose  and  say, 
that  he  resided  in  the  town  of  in  said  county ;  that  he  knew 

A.  B.,  one  of  the  individuals  described  in,  and  who  executed  the 
within  conveyance ;  that  he  was  present  and  saw  the  said  A.  B.  exe- 
cute the  same,  and  that  he,  the  said  C.  D.,  thereupon  became  the 
subsciibing  witness  thereto.  At  the  same  time,  also  appeared  before 
me  E.  B.,  the  wife  of  the  said  A.  B.,  to  me  'personally  known,  Avho, 
on  a  private  examination  by  me  made,  apart  from  her  husband, 
acknowledged  that  she  executed  the  within  conveyance  freely,  with- 
out any  fear  or  compulsion  of  her  said  husband. 

E.  F.,  Justice,  (fee. 


§  23.     By  Subscribing    Witness  as  to  the  Husband,  and  Acknow- 
ledgment by  the  Wife,  both  proven  to  the  officer. 
County,  ss: 
On  this  first  day  of  May,  <fec.,  before  me  personally  came  C.  D. 


18.  NEW  clerk's  assistant. 

■who  being  by  me  duly  sworn,  &c.,  [as  in  §  22,  fo  the  end,  omitting 
the  words  in  italic,  and  then  add:^  And  at  the  same  time  also 
appeared  before  me,  M.  N.,  to  me  personally  known,  who  being  by 
me  duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town  of 
^  in  the  county  of         ;  that  he  knew  the  said  C.  D.  to  be  the 

same  person  who  was  a  subscribing  -witness  to  the  within  convey- 
ance; and  that  he  also  knew  the  said  E.  B.,  who  made  the  aforesaid 
acknowledgment,  to  be  one  of  the  individuals  described  in,  and  who 
executed  the  said  conveyance,  which  is  to  me  satisfactory  evidence 
thereot  E.  F.,  Justice,  <fcc. 


§  24.  By  Subscribing  Witness  to  Deed  executed  by  an  Attorney. 
County,  ss: 
On  this  first  day  of  May,  &c.,  before  me  ^personally  came  C.  D., 
to  me  known,  who  being  by  me  duly  sworn,  did  depose  and  say,  that 
he  resided  in  the  town  of  in  said  county ;  that  he  knew  A.  B., 

the  person  described  in,  and  Avho  executed  the  within  conveyance, 
as  the  Attorney  in  fact  of  M.  N.  therein  named ;  that  he  was  pre- 
sent and  saw  the  said  A.  B.  execute  the  same  as  such  Attorney,  and 
that  he,  the  said  C.  D.,  thereupon  became  the  subscribing  witness 
thereto.  E.  R,  Justice,  &c. 


§  25.     Proof  of  the   execution  of  a  Deed  where  the  Subscribing 
Witnesses  are  dead. 
County,  ss: 

On  this  first  day  of  May,  &c.,  before  me  personally  came  G.  H., 
to  me  known,  who  being  by  me  duly  sworn,  and  the  Avithin  convey- 
ance being  shown  to  him,  did  depose  and  say,  that  he  knew  the 
parties  therein  described ;  that  he  was  well  acquainted  with  A.  B., 
the  grantor ;  that  he  had  frequently  seen  him  write,  and  knew  his 
handwriting ;  and  that  the  name  of  the  said  grantor  subscribed  to 
the  said  conveyance  was  in  the  proper  handwriting  of  the  said  A.  B. 

And  the  said  G.  H.  further  on  his  oath  said,  that  he  was  well 
acquainted  with  C.  D.,  one  of  the  subscribing  witnesses  to  the  said 
conveyance,  and  with  his  handwriting ;  that  the  .said  C.  D.,  at  the 
time  of  the  date  of  said  deed,  resided  in  the  town  of  in  the 

county  of  ,  and  has  been  dead  about  one  year ;  and  that 

the  name  of  the  said  C.  D.,  deceased,  subscribed  as  a  witness  to 
said  conveyance,  was  in  his  proper  handwriting. 

And  the  said  G.  H.,  further  deposed  and  said,  that  at  the  time  of 
the  date  of  said  conveyance,  he  was,  and  for  several  years  had  been, 
also  acquainted  with  one  E.  F.,  a  shoemaker,  who  then  resided  in 
the  said  town  of  ,  in  the  county  of  ,  and  in  the  neighbor- 

hood of  the  said  grantor;  that  the  said  E.  F.  died  at  the  town  of 
aforesaid  in  the  year  1844,  and  since  the  date  of  said  con 
veyance ;  that  he,  the  said  G.  H.,  was  not  acquainted  with  the  hand- 


ACKNOWLEDGMENTS,    ETC 


ft 


writing  of  the  said  E.  F. ;  that  he  has  never  known  or  heard  of  any- 
other  person  of  the  name  of  E.  F. ;  \^if  necessary,  insert,  residing  in 
the  neighborhood  of  said  grantor,]  and  that  he  cannot  say  in  whose 
handwritino-  the  name  of  the  said  E.  F.  is  subscribed  to  the  said 
conveyance. 

And  I  hereby  certify,  that  the  aforesaid  deposition  of  the  said 
G.  H.  is  to  me  satisfactoiy  endence  of  the  death  of  all  the  wit- 
nesses to  the  -within  conveyance,  and  of  the  handwriting  of  C.  D., 
one  of  the  said  witnesses,  and  of  the  handwriting  of  A.  B.,  the 
grantor  therein  named. 

J.  P.  H.,  County  Judge  of  smd  county. 


§  26.     Proof  of  Deed  executed  by  a  Moneyed  Corporation. 
Cayuga  County,  ss: 

On  this  first  day  of  May,  &c.,  before  me  personally  came  N. 
B.,  the  President  of  the  Cayuga  Covmty  Bank,  to  me  known,  Avho 
being  by  me  duly  sworn,  did  depose  and  say,  that  he  resided  in 
the  city  of  Auburn,  in  said  county;  that  he  was  the  President 
of  the  Cayuga  County  Bank ;  that  he  knew  the  corporate  seal  of 
the  said  Bank ;  that  the  seal  affixed  to  the  within  conveyance  was 
such  corporate  seal;  that  it  was  so  affixed  by  order  of  the 
Board  of  Directors  of  the  said  Bank ;  and  that  he  signed  his  name 
thereto  by  the  hke  order  as  President  of  said  Bank.  [7/'  the  con- 
veyance is  proven  by  a  Cashier,  or  the  Secretary  of  a  Conij)any, 
and  executed  by  him  and  the  President,  substitute  Secretary,  or 
Cashier, /or  President,  and  the  name  of  the  Company  for  the  Bank, 
in  the  foregoing,  and  then  add:  And  he  the  said  N.  B.  further  said, 
that  he  also  knew  C.  D.,  the  President,  of  the  said  Bank,  [or. 
Company,]  and  that  the  signature  of  the  said  C.  D.,  subscribed  to 
the  said  conveyance  was  in  the  genuine  handwriting  of  the  said  C. 
D.,  and  was  thereto  subscribed,  in  the  presence  of  the  said  N.  B., 
by  the  like  order  of  the  said  Board  of  Directors.] 

E.  F.,  Justice,  (fee. 


§  27.   The  same,  by  a  Religious  Corporation. 
County,  ss: 
On  this  first  day  of  May,  &c.,  before  me  personally  came  A.  B.,. 
to  me  known,  who,  being  by  me  duly  sworn,  did  depa'^e  and  say, 
that  he  resided  in  the  town  of  in  said  county,  and  was  the 

Clerk  of  the  Corporation  of  the  Rector,  Churchwardens,  and  ^'estry- 
nien  of  the  Protestant  Episcopal  Church  of  St  Peter's  [or,  the  Cor- 
poration of  the  Trustees  of  the  first  Methodist  Episcopal  Sf>ciety,]  in 
the  to-svn  of  aforesaid;  that  the  seal  affixed  to  the  within  con- 

veyance was  the  corporate  seal  of  the  said  corporation,  and  tliat  it 
v,as  affixed  by  order  of  the  said  corporation.  [If  necessary  add 
clause  proving  the  handwriting  of  the  subscribers  to  the  conveyaiice.l 

E.  F.,  Justice,  &c. 


so 


NEW    clerk's   assistant. 


§  28.  Form  of  acknowledgment  m  New  England  States} 

Commonwealth  [or,  State]  of        >  [      . 
County  of  ,  \      ' 

Salem,  May  1,  1847. 
Then   personally  appeared   before    me,   the  within    [or,    above 
named  A.  B.,  and  acknowledged  [or,  and  C.  B.  his  wife,  and  seve- 
rally acknowledged]  the  foregoing  instrument  to  be  his  [or,  their] 
free  act  and  deed.  E.  F.,  Justice,  &,o. 


§  29.  Achiowledgment  in  Pennsylvania. 
State  of  Pennsylvania,  ) 
Mercer  County,       ) 

The  lirst  day  of  May,  &c.,  before  me,  one  of  the  Justices  of  the 
Peace,  [or,  one  of  the  Judges  of  the  Court  of  Common  Pleas]  in  ajid 
for  said  county,  personally  appeared  the  above  named  A.  B.,  and 
acknowledged  [or,  and  C.  B.  his  wife,  and  severally  acknowledged] 
the  foregoing  written  indenture  to  be  his  [or,  their]  act  and  deed,  to 
the  end  that  the  same  might  be  recorded  according  to  law.  [If 
necessary,  add:  And  she,  the  said  Caroline,  being  of  lawful  age,  and 
being  examined  by  me  separate  and  apart  from  her  husband,  and 
the  contents  of  said  indenture  being  fully  made  known  to  her,  did 
declare,  that  she  did  voluntarily,  and  of  her  own  free  will  and  accord, 
seal,  and  as  her  act  and  deed  deliver,  the  same,  without  any  coercion 
or  compulsion  of  her  said  husband  whatever.] 

Witness  my  hand  and  seal. 

E.  F.,  Justice,  &c.  [l.  s.]' 


§  30.  Acknoivledgment  by  Husband  and  Wife  in  Michigan. 
State  of  Michigan, 

Wayne  County, 

Be  it  remembered,  that  on  this  first  day  of  May,  &c.,  before  me, 
a  Justice  of  the  Peace  in  and  far  the  county  aforesaid,  appeared  A. 
B.,  and  Mary  his  wife,  and  severally  acknowledged  that  they  had 
severally  executed  the  within  instrument,  for  the  uses  and  purposes 
therein  mentioned:  And  the  said  Mary,  on  a  private  examination 
apart  from  her  husband,  acknowledged  that  she  executed  the  within 
instrument  fi-eely,  and  without  fear  or  compulsion  from  any  one.* 
And  I  further  certify,  that  the  persons  who  made  said  acknowledg- 
ment are  known  to  me  to  be  the  individuals  described  in,  and  who 
executed  the  within  instrument.  E.  F.,  Justice,  &c. 


1  The  acknowledgment  may  be  before  a 
Judge  of  a  Supreme  or  Circuit  Court,  Notary 
Public,    Mayor   of   a   city,    Commissioner 


appomted  in  another  Ssate,  or  a  foreign  Min 
ister  or  Consul  of  ihe  United  Slates. 

»  A  simple  scroll,  made  with  a  pen.  is  suf- 
ficient to  constitute  a  seal  in  Feniurlvaaia. 


ACKNOWLEDGMENTS,    ETC.  21 

§  31.    The  same,  in  Ohio. 
State  of  Ohio,  \  ^^, 

Hamilton  County,  f 
Be  it  remembered,  &c.,  \as  in  30,  to  the  *.] 

E.  F.,  Justice,  <fec. 


§  32.    The  same,  in  Illinois. 
State  of  Illinois, 

Cook  County, 

Be  it  remembered,  that  on  the  first  day  of  May,  &c.,  before  me, 
the  subscriber,  one  of  the  Justices  of  the  Peace  in  and  for  said 
county,  pfrsonally  appeared  A.  B.,  and  Mar}^  his  wife,  to  me  person- 
ally known  to  be  the  individuals  described  in,  and  who  executed  the 
within,  deed,  and  sev^-ally  acknowledged  that  they  had  executed  the 
same  :*  And  the  said  Mary,  after  I  had  made  her  acquainted  with 
and  explained  to  her  the  contents  of  the  said  deed,  on  an  examina- 
tion separate  and  apart  from  her  said  husband,  acknowledged  the 
same  to  be  her  act  and  deed,  and  that  she  executed  the  same  volun- 
tarily and  freely,  and  without  compulsion  of  her  said  husband,  and 
that  she  does  not  wish  to  retract.  E.  R,  Justice,  (tc. 


§  33.    The  same,  in  Indiana. 

State  of  Indiana,  ) 

V  ss ' 
Jackson  County,   j 

Be  it  remembered,  &c.,  \as  in  §  32    to  the  *,    and  then   add:~\ 

And  the  said  Mary,  on  a  private  examination,  separate  and  apart 

from,  and  out  of  the  hearing  of  her  husband,  acknowledged  that  she 

executed  such  deed  of  her  own  free  will  and  accord,  without  any 

coercion  or  compulsion  of  her  husband.  E.  F.,  Justice,  &:c. 


§  34.   The  same,  in  Alabama.^ 
State  of  Alabama,  ) 

r  SS  * 

Lowndes  County,  ) 

This  day,  before  me,  G.  H.,  Esq.,  Judge,  <fec.,  personally  appeared 
A.  B.,  and  acknowledged,  [or,  and  M.  B.  his  wife,  and  severally 
acknowledgtid]  that  he  [or,  they]  signed,  sealed,  and  delivered  the 
foregoing  deed  to  C.  D.,  on  the  day  and  year  therein  mentioned,  as 
his  [or,  their]  voluntaiy  act  and  deed.  [If  necessary,  add:  And 
the  said  M.  B.,  on  a  private  examination,  apart  from  her  husband, 
acknowledged  that  she  signed,  sealed,  and  delivered  the  said  deed, 
as  her  voluntary  act,  freely,  and  without  any  fear,  threats,  or  com- 
pulsion of  her  husband.] 

Grven  under  my  hand  and  seal,  this  day  of         ,  ih  the  year 

eighteen  hundred  and  .  G.  H.  [l.  s.] 

1  The    acknowledgment    may    be    taken  I  niissioner  for  Alabama.     As  in  Pennsylvania, 
before  a  Judge  of  any  Supreme  Court,  Clerk    a  scroll  of  the  pen  constitutes  a  acal. 
•f  a  Circuit  Court,  Notary  Public,  or  Com-  I 


SS  KBW   clerk's   ASSI8TAHT. 

§  35.  SaHs/adian  of  Mortgage  and  Acknowledgment,  hy  individua* 
known  to  the  Officer. 

I,  A.  B.,  of  the  town  of  in  the  county  of  and  State 

of  ,  do  hereby  certify,  that  a  certain  mortgage,  bearing  date 

«he  day  of  ,  in  the  year  one  thousand  eight  hundred 

and  ,  made  and  executed  by  C.  D.,  of  the  first  part,  to  me, 

the  said  A.  B.,  of  the  second  part,  and  recorded  in  the  office  of  the 
Clerk  of  the  County  of  ,  in  book  27  of  mortgages,  at  pages  250 

and  251,  on  the  first  day  of  May,  A.  D.,  1845,  [if  the  mortgage  has 
been  assigned,  insert  the  name  of  the  assignee  instead  of  A.  B.,  at 
the  commencement  of  the  certificate;  omit  the^words,  "  me,  the  said,'"' 
in  Italic;  and  hisert  here:  and  which  said  mortgage  was  duly 
assigned  to  me  by  the  said  A.  B.,  the  mortgagee  above  named,  by 
assignment  dated  the  day  of  ,  in  the  year  ,  and  recorded 
b  the  office  of  the  Clerk  of  the  county  of  aforesaid,  in  book  20 
of  mortgages,  at  page  9,  on  the  tenth  day  of  June,  A.  D.,  1845,]  is 
fully  paid,  satisfied  and  discharged.  Dated  the  first  day  of  July, 
1646.  A.  B. 

In  presence  of 
G.  H. 

County,  ss: 
On  this  day  of  ,  in  the  year  one  thousand  eight 

hundred  and  forty-five,  before  me  came  A.  B.,  known  to  me  to  be 
the  individual  described  in,  and  who  executed,  the  above  certificate, 
and  acknowledged  that  he  executed  the  same. 

E.  R,  Justice,  &c. 


§  36  Certificate  of  Satisfaction  to  be  written  on  the  Mortgage. 

I,  A.  B.,  the  mortgagee  within  named,  [or,  the  assignee  of  the 
within  named  mortgagee,]  do  hereby  certify  that  the  v/ithin  named 
mortgage  is  fully  paid,  satisfied  and  dischargtrd.  Dated  the  day 
of  ,  A.  D.,  18     .  A.  B. 

[Add  acknowledgment,  as  in  §  35.] 


§  37.  Satisfaction  by  an  Executor,  Administrator  or  Trustee. 

I,  A.  B.,  executor  of  the  last  will  and  testament  of  C.  D.,  deceased, 
[or,  administrator  of  the  goods,  chattels  and  credits,  which  were,  of 
C.  D.,  deceased ;  or,  trustee  of  the  estate  of  C.  D.,  etc.,]  do  hereby 
certify  that  a  mortgage  made  and  executed  by  E.  F.  to  the  said  C. 
D.,  in  his  lifetime,  [or,  to  me  as  such  trustee  as  aforesaid,]  bearing- 
date,  &c.       [Follow  the  preceding  forms,  as  the  case  may  require^ 

In  presence  of  A.  B. 

(1.  H. 
2* 


ACKKOWLEOGMENIS,   ETC.  28 

§  38.  Acknowledgment  of  Satisfaction  by  Individual  proven  to 
the   Officer. 
County,  ss : 

On  this  first  day  of  May,  &c.,  before  me  personally  came  A.  B., 
satisfactorily  proven  to  me  to  be  the  same  person  described  in,  and 
who  executed  the  above  certificate,  by  the  oath  of  C  D.,  to  me 
known,  who,  being  by  me  duly  sworn,  did  depose  and  say :  that  he 
resided  in  the  town  of  in    said  county;  that  he  was 

acquainted  with  the  said  A.  B. ;  and  that  he  knew  him  to  be  the 
same  person  described  in,  and  who  executed,  the  above  certificate, 
which  is  to  me  satisfactory  evidence  thereof :  and,  thereupon,  the 
sJiid  A.  B.  acknowledged  before  me,  that  he  executed  the  said 
certificate.  E.  F.,  Justice,  &c. 


§  39.  Proof  of  Execution  of  Certificate,  ly  Suhscribing    Wit- 
ness known  to  the   Officer. 
-    County,  ss : 
On  this  first  day  of  May,  &c.,  before   me  personally  came   C.  D., 
subscribing  witness  to  the  above  certificate,  to  me  known,  who  being 
by  me  duly  sworn,  did  depose  and  say,  that  he  resided  in  the  town 
of  in  said  county ;  that  he  was  acquainted  with  A.  B. ; 

that  he  knew  him  to  be  the  same  person  described  in,  and  who 
executed  the  above  certificate ;  that  he  saw  him  sign  the  same :  that 
the  said  A.  B.  acknowledged  the  execution  thereof  in  his  presence ; 
and  that  he  subscribed  his  name  as  a  witness  thereto. 

E.  F.,  Justice,  &c. 


§  40.  The  same,  ly  Subscribing  Witness  proven  to  the  Officer. 
County,  ss: 

On  this  first  day  of  May,  etc.,  before  me  personally  came  L.  M., 
to  me  known,  and  C.  D. ;  and  the  said  L.  M.  being  by  me  duly 
sworn,  did  depose  and  say,  that  he  resided  in   the  town  of  in 

said  county;  that  he  was  acquainted  with  the  said  C.  D.,  and  that 
he  knew  him  to  be  the  same  person  who  is  the  subscribing  witness 
to  the  above  certificate,  which  is  to  me  satisfactory  evidence  of  his 
identity ;  and  the  said  C.  D.,  being  by  me  duly  sworn,  did  depose 
and  say,  that   he   resided  in  the  town  of  in  the  county 

of  ;  that  he  was  acqiuiinted  with   A.  B.  \as  in  §39,  to 

the  e/id]  E.  F.,  Justice,  &c. 


§  41.  Certificate  of  Satisfaction  by  a  Corporate  Company,  with 
Proof  of  JSxec^ition. 
T,  J.  S.  S.,  President  of  the  Bank  of  Auburn,  do  hereby  certify, 
that  a  cerUun  mortgage  bearing  date  the  first  day  of  June,  one  thou- 
sand eiglit  hundred  and  forty-one,  made  and  executed  by  C.  D.,  and 
E.  his  wife,  to  F.  G.,  and  bv  the  said  F.  G.  assigned   to  the   said 


M  NEW  clerk's  assistant. 

Bank  of  Auburn,  by  assignment  dated  the  tenth  day  of  July,  one 
thousand  eight  hundred  and  forty-three,  and  recorded  in  the  office 
of  the  Clerk  of  the  county  of  Cayuga,  in  book  No.  34  of  mortgages, 
page  99;  and  which  said  mortgage  was  recorded  in  the  office  of  the 
Clerk  of  the  county  of  Cayuga  aforesaid,  in  book  No.  30  of  mort- 
gages, pages  10  and  11,  on  the  second  day  of  June,  A.  D.  1841,  is 
fully  paid,  satistied,  and  discharged. 

In  witness  Avhereof,  the  said  Bank  of'^A.uburn  has  caused  its  cor- 
porate seal  to  be  hereunto  affixed,  the  first  day  of  May,  in  the  year 
one  thousand  eight  hundred  and  forty-five. 

[l.  8.]  J.  S.  S.,  President 

In  presence  of 
C.  H.  M. 
Cayuga  County,  ss: 

On  this  first  day  of  May,  &c.,  before  me  personally  came  J.  S.  S., 
in  the  above  certificate  mentioned.  President  of  the  I3ank  of  Auburn 
aforesaid,  to  me  known ;  and  the  said  J.  S.  S.,  being  by  me  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  town  of  , 

in  the  said  county :  that  the  seal  affixed  to  the  above  certificate  was 
the  corporate  seal  of  the  said  Bank  of  Auburn,  and  was  affixed  there- 
to by  the  order  of  the  Board  of  Directors  of  said  Bank ;  and  that  he 
subscribed  his  name  thereto  by  the  like  order. 

E.  F.,  Justice,  &c. 


§  42.    Satisfaction    of  Judgment  in  a  Justice's     Court,    where   a 
Transcript  is  fled  in  the   County   Clerk's   Office) 
County  Clerk's  Office. 
A.  B.     )      Judgment  rendered  in   favor  of  the  plaintiff  against 
against    V  defendant,  before   E.  F.,  Esq.,  a  Justice  of  the  Peace  in 
C.  D.    )  and  for  said  county,    for  dollars  and  cents, 

damages  and  costs. 

Transcript  filed  and  Judgment  docketed,  the         day  of        ,  in 
the  year  1845. 

Satisfaction  of  the  above  mentioned  judgment  is  hereby  acknow- 
ledged. A.  B. 

Subscribed  and  acknowledged  before  me,  thp         day  of        ,  in 
the  year  1845,  by  A.  B.,  known  to  me  to  be  the  plaintiff  above 
named,  [or,  made  known  to  me  by  the  oath  of  E.  ¥..  to  be,  &c. ;  o* 
known  to  me  to  be  one  of  the  plaintiffs,  tfec] 

E.  Fv  Justice,  fet 


«2  R  S.  C3cl  ed.)  314,  §129. 


ACKNOWLEDGMENTS,    ETC.  25 

§  4:3.  Satisfaction  of  Jvdgment  in  a  Court  of  Record} 

Supreme  Court,  [or.  County  Court,] 

A.  B.  )        Of  the  day  of  January,  one  thousand  eight 

against  V    hundred  and  forty-seven. 
C.  D.  )        Satisfaction  for  % 

Satisfaction  is  acknowledged  between  A.  B.,  plaintiff,  and  C.  D., 
defendant,  for  dollars.     Judgment  docketed  the  tenth  day  of 

January,  one  thousand  eight  hundred  and  forty-five,  in  the  office  of 
the  clerk  of  county. 

A.  B.,  \or,  T.  S.,  Attorney  for  plaintiff.] 
Subscribed   and  acknowledged   before   me,  the         day  of        , 
1847,  by  A.  B.,  known  to  me  [or,  made  known  to  me,]  to  be  the 
plaintiff  in  the  above  entitled  cause,  [or,  the  Attorney  for  the  plain- 
tiff in  the  above  entitled  cause.]  E.  F.,  Justice,  &c. 
\    

§  44.' Application  for  a  Subpoena  to  compel  a  Subscribing 
Witness  to  attend  before  an  officer,  to  prove  the  Exe- 
cution of  a   Conveyance. 

To  G.  H.  Esq.,  County  Judge  of  county : 

I,  A.  B.,  do  hereby  make  application  to  you  to  issue  a  subpoena, 
requiring  E.  F.,  who  resides  in  the  town  of  in  said  county,  to 

appear  and  testify  before  you,  touching  the  execution  of  a  certain 
conveyance  of  real  estate,  made  and  executed  by  I.  J.,  to  me,  the 
said  A.  B.,  [or,  if  the  ajjplication  is  made  by  the  heir,  or  personal 
representative  of  the  grantee,  name  such  grantee^  and  to  which  the 
said  E.  F.  is  a  subscribing  witness;  the  said  E.  F.  having  refused, 
upon  my  request,  to  appear  and  testify  touching  the  execution  of  the 
said  conveyance ;  and  the  same  not  having  been  proved  or  acknowl- 
edged, cannot  be  so  proved  or  acknowledged  without  the  evidence 
of  the  said  E.  F.     Dated  the  first  day  of  July,  1847.  A.  B. 

County,  ss: 
A.  B.  the  appUcant  above  named,  being  duly  sworn,  says  that 
the  facts  stated  and  set  forth  in  the  above  application  are  true. 
Sworn   to   before   me,  ) 

this  first  day  of  July,  1847.       ) 
G.  H.,  County  Judge, 

>  Satisfaciion   of  Judements  in    Courts   of  I  witliia   two  years  after  filing  the  tre^rd 
Record,  may  be  acknowledged  by  the  Attorney,  |  2  R.  S.,  (3d  ed.)  459  §  35. 


26  NEW  clerk's  assistant. 

§  45.  Form  of  the  SuhpoenaJ 

County,  es : 
To  E.  F.,  of  the  town  of  in  said  county : 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are 
hereby  commanded  to  appear  before  me,  at  my  office,  \or,  dAvelling 
house,]  in  the  town  of  ,  in   said  county,  on  the  day  of 

July,  instant,  at  ten  o'clock  in  the  forenoon,  then  and  there  to  testify, 
touching  the  execution  of  a  conveyance  of  real  estate,  from  I.  J.  to 
A.  B.,  to  which  you  are  a  subscribing  Avitness,  as  appears  by  the 
application  of  the  said  A.  B.  to  me  made  under  oath.  Hereof  fail 
not  at  your  peril.  Given  under  my  hand,  this  first  day  of  July 
184V.  G.  H.,  County  Judge. 


§  46. 


Affidavit  to  obtain  Warrant,  to  he  endorsed  on  the  original 
Suhp(£na. 
County,  ss: 
A.  B.,  of  ,  being  duly  sworn,  says,  that  on  the  first  day  of 

May,  instant,  at  the  town  of  ,  in  said  county,  he  served  the 

within  subpoena  on  E.  F.,  therein  named,  personally,  by  then  and 
there  showing  him  the  same,  and  delivering  to  him  a  true  copy  there- 
of, and  by  paying  [or,  tendering]  to  him  the  sum  of  for  his  fees 
for  travelling  to  the  place  specified  in  the  said  subpoena,  and  for  his 
attendance  in  pursuance  thereof.  A.  B. 

Sworn  to  before  me,  )  ^ 

this         day  of         ,  &c.       j 

G.  H.  County  Judge. 


§  47.    Warrant. 
County,  ss: 
To  the  Sheriff  of  said  county,  greeting: 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are 
hereby  commanded  forthwith  to  apprehend  E.  F.,  in  your  county, 
and  bring  him  before  me,  G.  H.,  Esq.,  County  Judge  of  said  county, 
at  my  office  in  the  town  of  ,  in  said  county,  to  testify  touching 
the  execution  of  a  conveyance  of  real  estate,  from  I.  J.  to  A.  B.,  to 
which  the  said  E.  F.  is  a  subscribing  witness,  as  is  said;  the  said  E. 
F.  having  been  duly  subpoenaed  to  appear  before  me,  to  testify  touch- 
ing the  execution  of  the  said  conveyance,  and  having,  without 
reasonable  cause,  neglected    \or,  refused]  to  attend  in  pursuance 


1  This  Subpoena  is  to  be  served  by  showing 
the  original,  under  the  liand  of  the  officer,  to 
the  witness,  and  at  the  same  lime  delivering 
10  him  a  copy  thereof,  and  paying  or  tender- 
ing him  the  legal  fees  for  one  day's  attend- 
ance, which  are  fifty  cents  for  attendance; 
and  if  the  witness  resides  more  than  three 
miles  from  the  place  of  attendan«e,  travelling 
fees,  at  the  Mtc  ■>;  ,our  cents  per  mile  going 
Mul   reUirriL'ig     -J  U.  S.   (3d  ed.)  497,  §54; 


Laws  of  1840,  Chap.  385.  If  the  witness  refu- 
ses to  appear  after  the  service  of  the  Sub- 
poena, without  good  cause,  the  officer  issuing 
the  same  has  power  to  compel  his  attendance, 
by  warrant  directed  to  the  Sheriff  of  the  coun- 
ty. 2  R.  S.  (.3d  ed.)  498,  §  M.  And  if  he 
•still  persists  in  refusing  to  testify,  or  to  an- 
swer a  legal  question,  without  reasonable 
cause,  ho  may  be  eommitied  to  the  coromon 
jail  of  the  county.    Id.,  §57. 


ACKNOWLEDGMENTS,   ETC.  27 

thereo£      Given  under  my  hand  and  seal,  the  day  of  July, 

1847.  G.  H.  [l.  s.] 

§  48.   Commitment  for  Refusal  to  Testify. 
By  G.  H.,  County  Judge  of  county,  to  A.  P.,  Sheriff  of 

the  said  county,  greeting : 
E.  F.,  having  this  day  been  brought  before  me  on  a  warrant  by 
me  issued,  to  compel  his  attendance  to  testify  [where  the  witness 
appears  in  pursuance  of  the  suhpoena,  say :  having  this  day  appeared 
before  me,  in  pursuance  of  a  subpoena  by  me  issued,  requiring  him 
to  appear  and  testify]  touching  the  execution  of  a  conveyance  of 
real  estate,  from  I.  J.  to  A.  B.,  to  vs^hich  the  said  E.  F.  is  a  subscrib- 
ing witness,  as  is  said;  and  the  said  E.  F.,  although  required  by 
me,  having  refused  to  answer  upon  oath  \if  the  commitment  is  made 
on  account  of  the  refusal^f  the  witness  to  answer  a  particular  ques- 
tion, deemed  pertinent  by  the  officer,  insert  here:  the  follo'wing 
question,  &c.,  specifying  it  particularly^  touching  the  execution  of 
the  said  conveyance.  I  do,  therefore,  in  the  name  of  the  people  of 
the  State  of  New  York,  command  you  forthwith  to  convey  the  said 
E.  F.  to  the  jail  of  the  said  county,  and  there  commit  him  to  close 
custody  in  such  jail,  without  bail,  and  without  the  liberties  of  the 
jail,  until  he  shall  submit  to  answer  on  oath  as  aforesaid,  [or,  the 
question  aforesaid,]  or  be  discharged  according  to  law.  Given  under 
my   hand  and  seal,   the  day  of  July,  1847. 

G.  H.  [l.  s.] 

§  49.  Oath  to  he  administered  to  a  Subscribing  Witness.^ 
You  do  solemnly  swear,  that  you  will  true  answers  make,  to  such 
questions  as  shall  be  put  to  you,  touching  the  execution  of  this 
deed:  So  help  you  God:  [Or,  You  do  swear  in  presence  of  the 
ever-living  God,  that,  &c.,  as  above,  omitting  the  words:  So  help  you 
God:  or,  You  do  solemnlj^,  sincerely,  and  truly  affirm  and  declare, 
that,  &c.,  as  above,  omitting  the  words  as  aforesaid.^ 

§  50.    Oath  to  a  Witness  proving  the  identity  of  the  Parties,  or 

of  the   Subscribing    Witness,  to  a   Conveyance. 
You  do  solemnly  swear,  that  you  will  true  answers  make  to  such 
questions  as  shall  be  put  to  you,  touching  the  identity  of  the  parties 
'or,  the  subscribing  witness]  to  this  conveyance.     So  help  you  God. 
If  necessary,  vary    as   in   the  foregoing  formi\ 

§  51.     Oath  to  a  Deponent. 
You  do  solemnly  swear,  that  the  contents  of  this  affidavit,  by  you 
subscribed,  are  true.     So  help   you  God.     [  Vary  as  above  when 
necessary.^ 

>  For  the   provisions  of  the  Statute  in  relation  to  the  administration  »f  oaths,  vidt  8 
R.  S.  (3d  ed.)  501-^. 


CHAPTER   II. 


AGEEEMENTS  AND  CONTHACTS. 


PRACTICAL     REMARKS. 


1.  In  the  following  cases,  every  agreement  is  void,  unless  such 
agreement,  or  some  note  or  memorandum  thereof,  expressing  the 
consideration,  be  in  writing,  and  subscribed  by  the  party  to  be 
charged  therewith:' 

1.  Every  agreement  that,  by  its  terms,  is  not  to  be  performed  within 
one  year  from  the  making  thereof  ;= 

2.  Every  special  promise  to  answer  for  the  debt,  default,  or  miscar- 
riage of  another  person;' 

3.  Every  agreement,  promise,  or  undertaking,  made  upon  considera- 
tion of  marriage,  except  mutual  .promises  to  marry.* 

2.  Every  contract  for  the  sale  of  any  goods,  chattels,  or  things, 
for  the  price  of  fifty  dollars,  or  more,  is  void,  unless : 

1.  A  note  or  memorandum  of  such  contract  be  made  in  writing,  and 
be  subscribed  by  the  parties  to  be  charged  thereby;  or 

2.  Unless  the  buyer  shall  accept  and  receive  part  of  such  goods,  or 
the  evidences,  or  some  of  them,  of  such  things  in  action;  or 

3.  Unless  the  buyer  shall,  at  the  time,  pay  some  part  of  the  purchase 
money.' 

3.  Every  contract  for  the  leasing  for  a  longer  period  than  one 
year,  or  for  the  sale  of,  any  lands,  or  any  interest  in  lands,  is  void, 
unless  the  contract,  or  some  note  or  memorandum  thereof,  express- 
ing the  consideration,  be  in  writing,  and  be  subscribed  by  the  party 
by  whom  the  lease  or  sale  is  to  be  made.  An  agreement  to  sell 
growing  trees,  with  the  right  to  enter  and  remove,  is  such  an  inte- 
rest in  lands  as  to  require  a  contract  in  writing.^ 

4.  In  contracts  for  the  sale  of  land,  where  the  vendee  gives  notice 


»  2  R.  S.  (3d  ed.)  195,  §  2. 

s  10  Wendell,  426  ;  13  Id.,  308;  15  Id.,  345  ; 

3  Hill,  128 ;  5  Id.,  200 ;  2  Barbour's  Ch.  Rep. 
221. 

3  4  WendfiU,  657  ;   9  Id.,  273;    19  Id.,  557; 
SM  Id.,  3,5,  256 ;   2  Hill,  663 ;   3  Id.,  128,  584  ; 

4  Id.,  178  i  6  Id.,  145,  160, 483 ;  2  Denio,  45. 


*  10  Wendell,  461. 

6  2  R.  S.  (3d  ed.)  195,  §  3  ;  3  Wendell,  112; 
13  Id.,  54  ;  17  Id.,  333 ;  20  Id.,  431  ;  23  Id., 
270;  24  Id., 323;  26  Id., 341;  5HilI,201;l 
Denio,  51  ;  1  Comstock,  261  ;  2  Id.,  258. 

«  2  R.  S.  (3d  ed.)  194  4  8 ;  2  Hill,  485 ;  '. 
Denio,  650. 


AGREEMENTS    AND    CONTRACTS.  Zff 

of  a  refusal  to  perform  the  contract,  no  tender  of  a  deed  by  the  ven- 
dor is  necessary  in  order  to  compel  a  speciric  performance.' 

5.  In  every  action  upon  a  sealed  instrument,  and  where  a  set-off 
is  founded  upon  a  sealed  instrument,  the  seal  thereof  is  only  pre- 
sumptive evidence  of  a  sufficient  consideration.^ 

6.  In  Pennsylvania,  Virginia,  Alabama  and  Georgia,  a  scroll  of 
ink  made  ^vith  a  pen  constitutes  a  seal;  but  in  New  York  and  other 
States,  wax,  or  some  tenacious  substance,  is  necessary,  except  it  be 
the  seal  of  a  court,  public  officer,  or  corporation.^ 

7.  A  party  signing  an  instrument  purporting  to  be  executed  by 
him,  with  liis  initials  onl}-,  is  bound.''. 

8.  The  term  '  agree,'  does  not  of  itself  import  a  consideration.* 

9.  Where  one  party  puts  an  end  to  an  executory  contract  by  a 
refusal  to  fultil,  the  other  party  is  entitled  to  an  equivalent  in  dam- 
ages, for  the  direct  gains,  and  profits  which  he  would  have  reaUzed 
from  performance,  thuugu  not  for  the  collateral  gains  or  profits,  or 
remote  damages.  And  where  a  person  is  employed  at  a  salary 
and  discharged  before  the  expiration  of  the  term  of  service,  the 
damages  will  be  reduced,  if  he  subsequently  obtained  employment.* 

10.  Where  an  agreement  to  lease  or  sell  lands,  or  a  sealed  instru- 
ment, is  executed  by  one  acting  as  an  attorney,  it  must  dist'nctly 
and  clearly  appear  to  be  the  act  and  deed  of  the  principal ;  it  must 
be  executed  in  his  name,  and  purport  to  be  sealed  with  his  seal' 

11.  In  all  ordinaiy  cases,  where  the  consideration  is  expressed, 
there  is  no  difference  be*^veen  an  agreement  under  seal,  and  one  not 
under  seal,  except  that  the  former  can  be  more  easily  proved,  and 
is  therefore  to  be  preferred. 

12.  Written  contracts,  capable  of  a  sensible  construction,  must 
be  determined  by  the  language  itself,  and  not  by  parol  proof; 
although  courts  may  resort  ^  extrinsic  circumstances  to  discover  the 
intentions  of  the  parties.* 

1 3.  Misrepresentations  of  material  facts,  though  not  intended  to 
deceive,  will  entitle  a  party  to  rescind  a  contract." 

14.  Written  contracts  may  be  waived  by  parol" 


1  2  Comstock.  60. 

"  2  R.  S.  (3a  ed.)  504,  §  %  ;  11  Wendell, 
107  ;  15  Id.,  529  ;  21  Id.,  62<3 ;  25  Id.,  107  :  5 
Hill,  63. 

»  2  Hill,  227;  3  Id.,  493. 

«  1  Denio,  3,  471. 


6  1  Betiio,  226. 

8  7  Hill,  61  ;  1  Denio,  317;  2  Id.,  609. 

7  4  Hill,  331,  and  authorities  there  cited. 

8  1  Barbour's  S.  C.  Rep.,  4(V1,  635. 
»  1  Barboiir'9  S.  0.  Rep.,  471. 

10  1  Barbour's  S.  C.  Rep.,  114,  326 


M  NEW  clerk's  assistant. 


FORMS. 


§  52.     General  form  of  Agreement  —  Damages  fixed. 
This  agreement  made  the  day  of  ,  one  thousand 

eight  hundred  and  ,  by  and  between  A.  B.,  of  the  town 

of  ,  in  the  county  of  ,  of  the  first  part,  and  C.  D., 

of  ,  of  the  second  part,  witnesseth :  The  said  party  of  the 

seccnd  part  covenants  and  agrees,  to  and  with  the  party  of  the  first 
part,  to  [state  the  subject  matter  of  the  agreement^  And  the  said 
party  of  the  first  part  covenants  and  agrees  to  pay  unto  the  said 

f)arty  of  tlie  second  part,  for  the  same,  the  sum  of  dollars, 

awful  money  of  the  United  States,  as  follows :  the  sum  of 
dollars,  on  the  day  of  ,  18     ,  and  the  sum  of 

dollars  on  the  day  of  ,  18     ,  vdth  the  interest  on  the 

amount  due,  payable  at  the  time  of  each  payment. 

And  for  the  true  and  faithful  performance  of  all  and  every  of  the 

covenants   and  agreements  above  mentioned,  the  parties  to  these 

presents  bind  themselves,  each  unto  the  other,  in  the  penal  sum  of 

dollars,  as  fixed  and  settled  damages,  to  be  paid  by  the 

failing  party. 

In  witness  whereof,  the  parties  to  these  presents  have  liereunto 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed,  and  delivered  in  the  [  A.  B.  [l.  s.l 

presence  of  G.  H.  j  C.  D.  [l.  s.l 


§  53.  Agreement  on  the  Sale  and  Purchase  of  Personal  Property. 

This  agreement,  by  and  between  A.  B.,  of,  &c.,  and  C.  D.,  of, 
(fee,  made  the  day  of,  (fee,  witnesseth:    That  the  said  C. 

D.,  in  consideration  of  the  agreement  Ifereinafter  contained,  to  be 
performed  by  A.  B.,  agrees  to  deliver  to  the  said  A.  B.,  at  his 
storehouse,  in  the   village  of  ,  three  hundred  bushels  of 

wheat,  [or,  two  hundred  barrels  of  pork,  as  the  case  may  be^  of 
good   merchantable  quality,  on  or  before  the  day  of  , 

IS  .  And  the  said  A  B.,  in  consideration  thereof,  agrees  to 
pay  to  the  said  C.  D.  the  sum  of  one  dollar  for  each  and  every 
bushel  of  the  said  wheat,  immediately  upon  the  completion  of  the 
delivery  thereof. 

In  witness,  (fee,  \as  in  §  52.] 

§  54.  Agreement  for  Building  a  Hbustf. 
This  agreement  for  building,  made  the  day  of         ,  one 

thousand  eight  hundred  and  ,  by  and  between  A.  B.,  of, 

(fee,  of  the  first  part,  and  C.  D.,  of,  (fee,  of  the  second  part,  wit- 
nesseth: That  the  said  party  of  the  second  part,  covenants  and 
agrees,  to  and  with   the   said  party  of   the   first  part,  to  make. 


AGREEMENTS  AXD  CONTRACTS.  31 

erect,  build  and  finish,  in  a  good,  substantial,  and  workmanlike 
manner,  on  the  vacant  lot  of  the  said  party  of  the  first  part,  sit- 
uate on  street,  in  the  AoJIage  of  ,  a  dwelling-house, 
agreeable  to  the  draft,  plan,  and  explanation,  hereto  annexed,  of 
good  substantial  materials,  \_If  the  materials  are  to  be  furnished  by 
the  party  of  the  first  part,  say:  of  such  materials  as  the  said  party 
of  the  first  part  shall  find  or  proAade  for  the  same,]  by  the 
day  of            next 

And  the  said  party  of  the  first  part  covenants    and    agrees  to 
nay  unto    the   party  of  the   second   part,  for  the  same,  the  sum 
dollars,  lawful  money  of  the  United  States,  as  follows : 
the  sum  of  dollars  in   thirty  days  from   the  date    hereof, 

and  the  remaining  sumN)f  dollars,  when  the  said  dwelling- 

house  shall  be  completely  finished.  [^If  necessary,  add:  And  also, 
that  he  will  furnish  and  procure  the  necessary  materials  for  the 
said  work,  in  such  reasonable  quantities,  and  at  such  reasonable 
time  or  times,  as  the  said  party  of  the  second  part  shall  or  may 
reqmre.] 

And  for  the  true  and  faithful  performance  of  all  and  every  of 
the  covenants  and  agreements  above  mentioned,  the  parties  to 
these  presents  bind  themselves,  each  unto  the  other,  in  the  penal 
sum  of  dollars,  as  fixed  and  settled  damages,  to  be  paid  by 

the  failing  party. 

In  witness,  &c.,  [as  in  §  52.] 

§  55.     Agreement  for  He-building  Mills. 

This  agreement,  made  the  day  of,  &c.,  between  A.  B., 

of,  &c.,  of  the  first  part,  and  C.  D.,  of,  &c.,  of  the  second  part,  wit- 
nesseth :  That  the  party  of  the  first  part,  for  the  consideration  here- 
inafter mentioned,  doth  promise  and  agree,  to  and  with  the  party  of 
the  second  part,  that  he  will,  on  or  before  the  day  of 

next,  well  and  sufliciently  re-build,  or  cause  to  be  re-built,  the  mills 
of  the  said  party  of  the  second  part,  situate  on  the  outlet  of  the 
lake,  in  the  town  of  in  the  county  of  ,  with  such 

materials  [If  the  worlcmen  are  employed  by  the  party  of  the 
second  part,  insert:  and  workmen  to  be  employed  under  him] 
as  the  said  party  of  the  second  part  shall  find  and  provide  for 
the  same;  and  that  he,  the  said  party  of  the  first  part,  shall  not 
absent  himself,  or  depart  from  the  work  and  re-building  aforesaid, 
without  leave  of  the  said  party  of  the  second  part;  and  that  if 
he  shall  absent  himself  without  leave,  he  will  pay  to  the  said 
party  of  the  second    part,  the    sum   of  dollars    for   every 

day  of  such  absence,  to  be  stopped  and  deducted  from  the  wages 
becoming  due  to  the  said  party  of  the  first  part,  as  hereinailer 
provided. 

And  the  said  party  of  the  second  part,  in  consideration  of  tli« 


Sjfr  NKW  clerk's  assistant. 

premises,  dotli  promise  and  agree,  to  and  with  the  party  of  the 
first  part,  to  pay  to  the  said  party  of  the  first  part,  the  sum  of 
dollars,  [or,  for  all  such  time  as  he  shall  be  employed 
in  the  work  of  re-building  aforesaid,  weekly,  and  every  week,  the 
sum    of  dollars,  and   so  in    proportion    for  a    less  time 

than  a  week;  and,  in  addition  thereto,  the  sum  of  dol- 

lars,] on  the  completion  of  the  work  and   re-building  aforesaid. 
In  witness,  &c.,  [as  in  §  62,] 

§  56.     Agreement  for  making  Flour  Barrels. 

This  agreement,  made  the  day  of,  (Src,  between  A.  B., 

of,  (fee,  of  the  first  part,  and  C.  D.,  of,  (fee,  of  the  second  part, 
witnesseth:  That  the  said  A.  B.,  for  the  consideration  hereinafter 
mentioned,  agrees  to  make,  or  cause  to  be  made,  for  the  said  C 
D.,  at  the  cooper-shop  of  the  said  C.  D.,  in  the  town  of  , 

two  thousand  good,  hard,  well  seasoned  flour  barrels;  the  staves 
and  heading  to  be  of  white  oak  timber,  and  the  hoops  of  black 
ash,  either  round  or  square,  as  the  said  C.  D.  shall  chj-ect.  The 
materials  are  to  be  furnished  by  the  said  A.  B.,  at  his  own  pro- 
per cost  and  charge,  and  he  is  to  have  the  free  and  uninterrupted 
use  of  the  tools  in  the  shop  of  the  said  C.  D.,  as  aforesaid,  with- 
out paying  any  thing  for  the  same. 

In  consideration  whereof,  the  said  C.  D.  agrees  to  pay  to  the 
Sciid  A.  B.  the  sum  of  thii-ty  cents,  for  each  and  every  of  the  said 
two  thousand  barrels;  such  payment  to  be  made  as  often  as  the 
said  A.  B.  shall  have  completed  one  hundred  barrels,  in  the  pro- 
per proportion  for  the  same. 

In  witness,  &c.,  \as  in  §  52.] 


§  57.     Agreement  to  Sell  and  Deliver   Cord-  Wood,  or  Stone. 

This  agreement,  made  the  day  of,  <fec.,  between  A.  B., 

of,  (fee,  and  C.  D.,  of,  &c.,  witnesseth:  That  the  said  A.  B.,  for 
the  consideration  hereinafter  mentioned,  agrees  to  sell  to  the  said 
C.  D.,  five  hundred  cords  of  seasoned  maple  and  beech  cord-wood, 
and  to  deliver,  and  securely  pile  the  same,  on  the  berra  bank  of 
the  Erie  Canal,  immediately  east  of  bridge,  m  the  town  of 

'  ,  \or,  one  thousand  perches  of  good  quariy  stone  suit- 

able for  building,  and  to  deliver  and  cord  the  same,  on  the  south 
side  of  the  vacant  lot  of  the  said  C.  D.,  situate  on  street. 

In  the  village  of  ,]  on  or  before  the  day  of  next 

In  consideration  whereof,  the  said  C.  D.,  agrees  to  pay  to  the 
said  A.  B.  the  sum  of  for  each  and  every  cord  of  wood,  [or, 
perch  of  stone,]  as  aforesaid,  upon  the  final  and  complete  delivery 
thereof 

In  Tv-itness,  <fec.,  [as  in  §  52.] 


AGREEMENTS    AND    CONTRACTS.  3]f 

§  58.     Agreement  to  sell   Stock  in,  Grocery  Store. 

Tliis  agreement,  made  the  day  of  ,  in  the  year 

1845,  between  A.  B.,  of,  &c.,  and  C.  D.,  of,  <fec.,  witnesseth:  That 
the  said  A.  B.,  for  the  consideration  hereinafter  specified,  agrees 
to  sell  to  the  said  C.  D.,  and  the  said  C.  D.  agrees  to  buy  of 
the  said  A.  B.,  all  the  stock  of  goods  and  groceries,  wares  and 
merchandise,  belonging  to  the  said  A.  B.,  and  now  being  in  the 
grocery  store  occupied  by  him  at  the  corner  of  street,  in 

the  village  of  ,  together  Avith  the  furniture  and  trxtures 

thereunto  appertaining,,  and  also  all  the  oats,  hams,  cheese,  pota- 
toes and  produce,  of  every  name  and  nature,  bought  or  contracted 
for  by  the  said  A.  B.,  and  intended  for  sale  in  the  said  grocery 
store.  The  stock  of  goods  and  groceries,  wares  and  merchandise, 
is  to  be  inventoried  to  the  said  C.  D.  at  the  original  cost,  wth- 
out  incliiding  transportation  expenses ;  and  deduction  is  to  be  made 
for  any  depreciation  in  value  on  account  of  damage,  Avear  or  tear: 
the  furniture  and  fixtures  are  to  be  inventoried  at  their  fair  cash 
value,  and  if  the  above  parties  cannot  agree  as  to  such  valuation, 
and  as  to  such  deduction  as  aforesaid,  the  same  shall  be  deter- 
mined according  to  the  appraisal  of  E.  F.,  G.  H.,  and  I.  J.,  of 
,  aforesaid,  or  a  majority  of  them:  the  oats,  hams,  cheese, 
potatoes  and  produce,  are  to  be  inventoried  at  their  oiiginal  cost 
Said  inventory  is  to  be  completed  within  ten  days  from  the  date 
hereof  and  the  property  above  specified  delivered  over  to  the  said 
C.  D.  immediately  thereupon.  ,- 

In  consideration  of  the  premises,  the  said  C.  D.  agrees  to  execute 
and  deliver  to  the  said  A.  B.,  as  and  for  tlve  purchase  money  of  the 
above  mentioned  property,  and  in  full  payment  therefor,  his  pro- 
missory note,  or  notes,  in  such  several  sums  as  the  said  A.  B.  shall 
direct,  payable  at  six  months  after   date,  at  the  Bank,  with 

interest     [7/"  necessary,  add:  and  endorsed  by  L.  M.,  of  , 

aforesaid.] 

And  the  said  A.  B.  further  covenants  and  agrees,  to  and  with  the 
said  C.  D.,  that  he  will  not  at  any  time  hereafter,  engage,  directly 
or  indirectly,  or  concern  himself,  in  carrying  on  or  conducting  the 
grocery  business'  within  one  mile  of  the  premises  now  occupied  by 
him  as  aforesaid  for  such  purpose. 

And  it  is  expressly  understood  that  the  stipulations  aforesaid  are 
to  apply  to,  and  to  bind,  the  heirs,  executors,  and  administrators  of 
the  respective  parties,  and  in  case  of  failure,  the  parties  bind  them- 
selves, each  unto  the  other,  in  the  sum  of  dollars,  as  fixed 
and  settled  damages,  to  be  paid  by  the  failing  party. 

In  witness,  &c.,  [as  in  §  52.] 


1  If  it  19  desired  to  bind   ilie  party  not  to  I  the  words,  "  eiihcr  as  principal  or  agenl," 
engage  in  ihe  business,  even   as   a.\.   agent.  |  should  be  inserted  hero. 
3 


94  KEW  clerk's  assistant. 

§  6D.     Agreement  to  Engrave  Maps. 

TWs  agi'eement,  made  the  day  of,  &c,,  between  A.  B., 

of,  &c.,  and  C.  D.,  of,  &c.,  witnesseth:  That  the  said  A.  B..  for  the 
consideration  hereinafter  specified,  covenants  and  agrees,  to  and  with 
the  said  C.  D.,  that  he  will  provide  good  and  proper  steel  plates,  and 
Avill  engrave  thereon,  separately,  the  map  of  each  and  every  State 
and  Territory  in  the  United  States,  according  t»  the  plans,  specifi- 
cations and  drawings,  hereunto  annexed ;  and  that  he  will  finish  and 
complete  the  same  in  a  Avorkmanhke  manner,  and  deUver  them  to 
tlie  said  C.  D.,  on  or  before  the  day  of  next. 

In  consideration  whereof,  the  said  C.  D.  covenants  and  agrees  to 
pay  to  the  said  A.  B.,  upon  the  dehveiy  of  each  and  eveiy  of  the 
said  engraved  plates,  the  sum  of  dollars,  in  full  payment  and 

satisfaction  therefor. 

In  witness,  <fec.,  \as  in  §  52.] 

§  60.     Agreement  to  Freight  Sloop,  or   Canal  Boat. 
This  agreement,  made  the  day  of,  &c.,  between  L.  S.  <fe 

Co.,  factors  and  commission  merchants,  of  the  city  of  ,  of 

the  first  part,  and  C  D.,  owner  and  master  of  the  sloop  \or,  canal 
boat]  Empire,  of  the  second  part,  witnesseth:  That  the  said  party  of 
the  first  part  covenant  and  agree,  to  and  with  the  said  party  of  the 
second  part,  that  they  Avill  lade  and  freight  the  aforesaid  sloop  \or, 
canal  boat]  Empire,  for  and  during  the  ensuing  season  of  naviga- 
tion, to  commence  on  the  20th  day  of  instant,  when  the  said 
sloop  [or,  canal  boat]  is  to  be  in  readiness  to  receive  her  first  lading, 
at  the  dock  of  the  said  party  of  the  first  part,  \or,  at  Pier  No.  ,] 
in  the  city  of  ,  aforesaid,  as  well  on  her  upward  trips  from 
the  said  city  of  to  the  city  of  ,  and  the  interme- 
diate ports,  as  on  her  return  trips  from  to  ;  and 
that  they  will  pay  to  the  said  party  of  the  second  part  for  carrying 
the  same,  on  the  delivery  of  each  and  every  cargo  in  a  safe  and 
sound  condition,  as  hereinafter  mentioned,  at  and  after  the  following 
rates  of  compensation,  viz: 

FOR   UP    FREIGHT. 

Salt, cents  per  busheL 

Merchandise, do     hundred. 

Household  Furniture, do         do 

Coal, dollars   per   ton. 

&c..  &c. 

FOR   DOWN   FREIGHT. 

Flour, cents  per  barrel 

Pork, do         do 

Hay, dollars   per   ton. 

Wheat  and  Corn, -  cents  per  busheL 

Butter, do        firkin. 

Staves  and  Heading,     -    -     ^    -    -     -  do  thousand. 

&C.  <kc. 


AGREEMENTS    AND    CONTBACTS.  35 

And  the  said  party  of  the  second  part,  in  consideration  of  the 
premises,  covenants  and  agrees  to  and  mth  the  said  party  of  the 
tirst  part,  that  he  will  safely  carry  all  such  lading  and  fieight  as 
he  may  or  shall  receive  from  the  party  of  the  first  part  as  aforesaid, 
and  deliver  the  same  in  as  good  and  sound  condition  as  when  so 
received,  according  to  the  respective  bills  of  lading  to  be  furnished 
to  him  by  the  party  of  the  tirst  part,  or  their  agents;  that  he  will 
pay  all  costs  and  charges  of  transportation,  including  towage  and 
wharfage;  [insert  toll,  (f  necessary ;^  that  he  will  regularly  ply 
between  and  ,  and  the  intermediate  ports,  with  his 

sloop  [or,  canal  boat]^as  aforesaid,  during  the  entire  season  of  navi- 
gation above  mentioned;  and  that  he  will  not  occupy  more  than 
days,  unless  hindered  or  delayed  by  some  unavoidable  accident,  in 
making  either  an  upward  or  downward  trip. 

It  is  also  further  understood  and  agreed  between  the  parties,  that 
all  lading  and  freioht  shall  be  deUvered  to  the  party  of  the  second 
part,  at  his  sloop,  [or,  canal  boat,]  and  that  he  shall  discharge  the 
same,  on  the  dock,  at  his  own  cost  and  charge ;  that  the  party  of  the 
first  part  shall  not,  at  any  time,  require  the  said  party  of  the  second 
part  to  carry,  or  convey,  on  his  sloop,  [or,  canal  boat,]  any  timber, 
or  lumber,  (staves  and  heading  excepted,)  any  carts,  cars,  or  vehi- 
cles, of  any  description  whatever;  or  any  horses,  mules,  cattle,  swine, 
or  animals  of  any  name  or  nature ;  and  that  all  the  aforesaid  condi- 
tions and  stipulations,  shall  be  binding  upon  the  heirs,  executors, 
administrators  and  survivors,  of  the  respective  parties. 

In  witness  whereof,  the  parties  have  hereunto  affixed  their  names, 
the  day  and  year  above  written. 

In  presence  of  )  L.  S.  &  Ca 

\  C.  D. 


§  61.     Agreement  to  Sell  Shares  of  Stock  in  an  Incoriwrated 
*         Company. 

This  agreement,  made  the  day  of,  etc.,  between  A.  B.,. 

of,  &c.,  and  C.  D.,  of,  &c.,  witnesseth :  That  the  said  A  B.  agrees  ta 
sell  and  convey  to  the  said  C.  D.,  on  or  before  the  day 

of  ,  next,  one  hundred  shares  of  the  capital  stock  of 

the  company,  noAV  owned  and  held  by  the  saM  A.  B.,  and 

standing  in  his  name  on  the  books  of  the  said  company,  and  to  make 
and  exectite  unto  the  said  C.  D.  all  assignments,  transfers  and  con- 
veyances, necessary  to  assure  the  same  to  him,  his  heirs  and  assigns. 

In  consideration  whereof,  the  said  C.  D.  agrees  to  pay  unto  tlit. 

said  A.  B.,  for  each  and  every  share  of  such  stock,  the  average  cash 

market  price  of  the  same,  for  and  during  twenty  days  preceding  the 

day  of  ,  aforesaid,  to  be  determined  by  tlie  sales 

made  at  the  board  of  brokers  in  the  city  of  New  York, 

In  witness,  &c.,  [as  in  §  52.] 


86  NEW  clerk's  assistant. 

§  62.     Agreement  of  Barter. 
This  agreement,  made  the  day  of,  &c.,  between  A.  B., 

of,  &c.,  and  C.  D.,  of,  &c.,  witnesseth :  That  tlie  said  A.  B.  agiv.es  to 
sell  and  deliver  to  the  said  C.  D.,  at  his  store  in  ,  on  the 

day  of  instant,  one'^  hundred  barrels  of  fine  salt, 

in  good  substantial  barrels,  suitable  for  packing  beef  and  pork,  and 
for  the  use  of  the  kitchen  and  dairy. 

In  consideration  whereof,  the  said  C.  D.  agrees  to  sell  and  deliver 
to  the  said  A.  B.,  at  the  store-house  of  G.  H.,  in  ,  on  the 

day  of  ,  aforesaid,  one  thousand  pounds  of  good 

merchantable  cheese,  and  four  hundred  pounds  of  sweet  table  but- 
ter; botli  to  be  well  packed,  in  tierces  or  firkiiis,  and  to  be  made  in 
dairies  where  at  least  fifteen  cows  are  kept 
In  witness,  (fee,  [as  in  §  52.] 


§  63.     Agreement  for  Totving  Line  of  Canal  Boats. 

This  agreement,  made  the  day  of,  &c.,  between  A.  B.,  C. 

D.,  E.  F.,  and  G.  H.,  composing  the  Towing  and  Navigation 

Company,  of  the  first  part,  and  L.  M.,  N.  S.,  and  T.  0.,  owners  and 
proprietors  of  the  Line  of  canal  boats,  of  the  second  part, 

witnesseth :  That  the  said  party  of  the  first  part,  for  and  in  conside- 
ration of  the  covenants  liereinafter  contained,  covenant  and  agree,  to 
and  with  the  said  party  of  the  second  part,  that  they  will  furnish 
and  provide  fit  and  suitable  teams,  with  safe  and  skilful  drivers,  and 
tow  tlie  boats  belonging  to  the  party  of  the  second  part,  regularly 
plying  between  and  ,  on  the  Erie  Canal,  and  not 

exceeding  in  number,  for  and  during  the  entire  season  of 

navigation,  to  commence  on  the  day  of  ,18. 

And  in  consideration  of  the  premises,  the  said  party  of  the  second 
part  covenant  and  agree,  to  and  with  the  said  party  of  the  first  part, 
to  pay,  or  cause  to  be  paid,  to  the  said  party  of  the  first  part,  for 
each  and  every  running  trip  so  made  by  theii'  boats,  as  aforesaid,  the 
sum  of  dollars. 

It  is  further  understood  and  agreed  between  the  aforesaid  parties, 
that  two  boats  of  the  party  of  the  second  part  shall  leave  on 

the  instant,  and  that  three  shall  leave  on  the 

instant,  provided  the  canal  shall  be  navigable  at  that  time,  and  if 
not  so  navigable,  then  as  soon  thereafter  as  it  shall  become  so :  it  is 
also  agreed  between  the  said  parties,  that  the  time  or  times  of 
departure  from  or  ,  during  the  remainder  of  the 

season,  shall   depend  upon  the  convenience  of   the  party  of   the 
second  part;  with  the  proviso,  however,  that  not  more  than 
boats  shall  leave  either  end  of  the  route,  or  more  than  boats 

ijass  any  station  on  the  same,  during  any  peiiod  of  twenty-four 
lOurs;  that  when  the  said  boats  of  the  party  of  the  second  part 
ai*e  laden  to  the  burden  of  tons,  or  upwards,  they  shall  be 

towed  not  less  than  '        miles  per  hour,  running  tune ;  when 


AGREEMENTS  AND  CONTRACTS.  37 

light,  or  carrying  not  more  than  .  tons  freight,  they  shall  be 

towed  not  less  than  miles  per  hour,  as  aforesaid :  and  it  is 

further  agreed  that  the  party  of  the  second  part  shall  furnish  and 
provide  the  drivers  employed  by  the  party  of  the  first  part,  when 
eno-aged  in  towing  their  boats,  with  suitable  meals  on  board,  at  regu- 
lar hours,  relieving  them  in  the  charge  of  their  teams  at  such  times 
by  one  of  the  hands  engaged  on  such  boats;  that,  whenever  any 
boat  of  the  party  of  the  second  part  shall  be  detained,  on  account 
of  the  negHgence  or  carelessness  of  the  drivers,  servants,  or  agents 
of  the  party  of  the  fir:srt  part,  a  deduction  shall  be  made  from  the 
compensation  of  the  party  of  the  first  part,  as  aforesaid,  at  and  after 
the  rate  of  dollars  per  hour,  during  the  time  of  each  deten- 

tion, except,  that  after  the  first  day  of  October  next,  such  deduction 
shall  be  dollars  per  hour ;  that  the  party  of  the  second 

part  shall  pay  to  the  party  of  the  firet  part,  or  to  their  regularly 
authorized  agent  or  agents,  the  sum  of  dollars,  part  and 

parcel  of  the  compensation  to  be  paid  as  aforesaid,  on  the 
day  of  each  and  every  month  during  the  season  of  navigation,  sub- 
ject, however,  to  all  necessary  deductions  then  liable  to  be  made  on 
account  of  detention;  and  that,  within  days  after  the  final 

close  of  navigation,  the  aforesaid  parties,  by  themselves,  or  their 
agents,  shall  meet  at  the  office  of  the  said  party  of  the  second  part, 
in  the  city  of  ,  and  examine,  close  and  settle  their  respective 

accounts,  and  pay  and  fully  discharge  all  balances  which  may  be 
found  due  and  owing  upon  such  examination  and  settlement^  by  rea- 
son of  the  premises. 

In  "witness,  &c.,  [as  in  §  52.] 


§  64.     Agreement  to    Cultivate  Land  on  Shares. 

This  agTeement,  made  the  day  of,  <fec.,  between  A.  B.,  of, 

&c.,  and  C.  D.,  of,  &c.,  witnesseth :  That  the  said  A.  B.  agrees  that 
he  will  break  up,  properly  fit,  and  sow  with  Avheat,  all  that  field 
belonging  to  the  said  C.  D.,  lying  immediately  north  of  the  dwelling 
house  and  garden  of  the  said  C.  D.,  in  the  town  of  ,  aforesaid, 

and  containing  twenty  acres  or  thereabouts,  on  or  before  the  twenty- 
fifth  day  of  September  next ;  that  when  the  said  crop,  to  be  sown  as 
aforesaid,  shall  be  in  fit  condition,  he  will  cut,  harvest,  and  safely 
house  it  in  the  barn  or  barns  of  the  said  C.  D. ;  and  that  he  will 
properly  thresh  and  clean  the  same,  and  defiver  one-half  of  the 
•wheat,  being  the  produce  thereof,  to  the  said  C.  D.,  at  the  granary 
near  his  dwelling-house,  as  aforesaid,  on  or  before  the  day 

of  ,  in  the  year  18     . 

It  is  understood  between  the  parties,  that  one-half  of  the  seed 
wheat  is  to  be  found  by  the  said  C.  D. ;  that  the  said  A.  B.  is  to 
perform  all  the  work  and  labor  necessary  in  the  premises,  or  cause 
it  to  be  done ;  and  that  the  straw  is  to  be  equally  divided  between 


38  iTEW  clerk's  assistant. 

the  parties,  within  ten  days  after  the  crop  of  wheat  sliall  have  been 
threshed,  as  aforesaid. 

In  witness,  &c.,  [as  in  §  52.] 


§  65.     Agreement  to  Sell  the   Copyright  in  a  Book. 
This  agreement,  made  the  day  of,  &c.,  between  A.  B.,  o^ 

&c.,  and  C.  D.,  of,  &c.,  bookseller  and  publisher,  witnesseth:  That 
the  said  A.  B.  agrees  to  sell,  and  does  sell  to  the  said  C.  D.,  all  his 
copyright,  title,  interest,  and  property,  in  and  to  a  certain  book, 
written  and  compiled  by  the  said  A.  B.,  entitled,  [give  the  title  of 
the  book  at  length,^  and  entered,  and  copyright  secured  by  the  said 

A.  B.,  in  the  Clerk's  Office  of  the  Northern  District  of  New  York, 
on  the  day  of  ,  in  the  year  1845 ;  and  the  said  A. 

B.  also  agrees  to  prepare  and  furnish  a  fair  copy  of  the  said  work  to 
tlie  printer  to  be  employed  by  the  said  C.  D.,  and  to  superintend 
the  printing,  and  correct  the  proof  thereof;  provided,  ho-fliever,  that 
it  shall  be  printed  in  the  of  ,  aforesaid.     ; 

In  consideration  whereof  the  said  C.  D.  agrees  to  pay  unto  the 
said  A.  B.  the  sum  of  dollars,  on  the  day  of 

next 

It  is  understood  between  the  aforesaid  parties,  that  the  first  edition 
of  the  work  to  be  printed  as  aforesaid,  shall  not  exceed 
copies;  and  that  if  the  said  C.  D.  shall,  at  any  future  time,  determine 
to  publish  another  edition  of  the  said  work,  he  shall  pay  to  the  said 
A.  B.,  in  addition  to  the  sum  agreed  to  be  paid,  as  aforesaid,  the 
sum  of  dollars  for  each  and  every  subsequent  edition,  not 

exceeding  copies  of  the  same,  to  be  due  and  payable  imme- 

diately upon  the  issue  thereof. 

In  witness,  <fec.,  [as  in  §  52.] 

§  66.  Agreement  to  Sell  and  Assign  Bond  and  Mortgage. 
Whereas  A.  B.,  of  the  town  of  ,  in  the  county  of  , 

and  State  of  ,  and  M.  his  wife,  on  the  first  day  of  May,  one 

thousand  eight  hundred  and  forty,  did  execute  a  certain  indenture 
of  mortgage,  and  a  bond  bearing  even  date  therewith,  to  C.  D.,  of  the 
town  of,  &c.,  which  said  mortgage,  and  the  bond  accompanying  the 
same,  were  executed  for  the  purpose  of  securing  the  payment  of  the 
sum  of  four  hundred  dollars,  in  four  years  from  the  tenth  day  of 
May  (then)  instant,  with  interest  annually  from  the  day  last  afore- 
said ;  and  which  said  mortgage  was  recorded  in  the  office  of  the  Clerk 
of  the  county  of  ,  aforesaid,  in  book  1 6  of  mortgages,  at  pages 

286  and  287,  on  the  second  day  of  May,  1840,  at  12  o'clock,  M.: 
Now,  therefore,  this  agreement,  made  and  executed  between  C.  D., 
aforesaid,  of  the  first  part,  and  E.  F.,  of  the  town  of,  <fec.,  witnesseth: 
That  the  party  of  the  first  part,  for  the  considerations  hereinafter 
mentioned,  doth  covenant  and  agree,  to  and  with  the  party  of  the 
second  .part,  to  sell,  transfer,  assignj  and  set  over,  imto  the  said  party 


AGREEMENTS  AKD  CONTRACTS.  39 

of  the  second  part,  the  indenture  of  mortgage  above  described,  and 
the  bond  accompanying  the  same,  whenever  the  payments  hereinafiei* 
specified  to  be  made  by  the  said  party  of  the  second  part,  to  the 
party  of  the  first  part,  shall  be  fully  made  and  completed:  To 'have 
and  to  hold  the  said  bond  and  mortgage,  and  all  the  moneys  due  or 
to  become  due  thereon,  and  all  the  interest  conveyed  by  the  said 
moi-tgage,  in  and  to  the  lands  therein  described,  unto  the  party  of 
the  second  part,  from  the  time  of  the  completion  of  such  sale,  trans- 
fer, and  assigiiment,  aSi  aforesaid,  forever.  And  the  said  party  of  the 
first  part  doth  further  covenant  and  agree,  to  and  with  the  party  of 
the  second  part,  that  he  hath  good  right  to  assign  and  set  over  the 
bond  and  mortgage  aforesaid,  to  the  said  party  of  the  second  part ; 
and  that  the  sum  of  four  hundred  dollars  of  principal,  and  twenty- 
one  dollars  of  interest,  is  due  upon  the  same  at  the  day  of  the  date 
hereof 

And  the  said  party  of  the  second  part,  in  consideration  of  the 
premises,  doth  covenant  and  agree,  to  and  with  the  party  of  the  first 
part,  that  he  will  pay  or  cause  to  be  paid  unto  the  said  party  of  the 
first  part,  the  sura  of  four  hundred  dollars^  in  manner  following,  nz : 
fifty  dollars  on  the  ensealing  and  delivery  of  these  presents,  and  the 
remaining  sum  of  three  hundred  and  fifty  dollars,  in  two  equal  annual 
payments  from  the  day  of  the  date  hereof,  with  annual  interest 

And  it  is  further  agreed,  by  and  between  the  aforesaid  parties, 
that  if  the  party  of  the  second  part  shall,  at  any  time,  elect  to  pay 
the  whole  sum  agreed  to  be  paid,  as  aforesaid,  to  the  party  of  the 
first  part,  with  the  lawful  interest  due  thereupon,  he  shall  have  the 
right  so  to  do,  and  the  said  party  of  the  first  pai't  shall,  immediately 
upon  such  payment,  transfer,  assign,  and  set  over,  unto  the  said 
party  of  the  second  part,  the  bond  and  mortgage  above  mentioned ; 
and  also,  that  the  covenants  and  agreements  aforesaid  are  to  apply 
to,  and  to  bind  the  representatives  of  the  respective  parties  to  these 
presents. 

In  witness  whereof,  the  aforesaid  parties  have  hereunto  set  their 
hands  and  seals,  the  day  and  year  above  written. 

Signed,  <fec.,  [as  in  §  52.] 


§  67.  Agreement  to  Change  Mortgage  Sectiritiy. 
This  agreement,  made  the  day  of,  &c.,  between  A.  B., 

of^  (fee,  and  C.  D.,  E.  F.,  and  G.  H.,  of,  &c.,  witnesseth:  That  whereas 
the  said  A.  B.  hath  this  day  si>Id  and  conveyed  unto  the  said  C.  D., 
E.  F.,  and  G.  H.,  by  warranty  deed  duly  executed,  four  acres  of 
land,  situate,  lying,  and  being  on  the  south-east  comer  of 
and  streets,  in  the  village  of  ,  for  the  price,  or 

consideration,  of  one  thousand  dollars ;  and,  in  order  to  secure  the 
payment  of  tlie  sum  of  eight  hundred  dollars,  parcel  thereof,  the  said 
C.  D,  E.  F.,  and  G.  H.,  have  executed  and  delivered  to  the  said  A- 


40  NBW  clerk's  assistant. 

B.  a  mortgage  upon  the  aforesaid  premises,  together  with  their  joint 
bond,  conditioned  for  the  payment  of  the  said  sum  of  eight  hundred 
dollai's,  in  eight  equal  annual  paymentss-  from  this  date,  with  annual 
interest :  and  whereas  it  is  the  intention  of  the  said  C.  D.,  E.  F.,  and 
G.  H.,  to  divide  the  said  premises  conveyed  to  them  into  village  lots, 
and  to  sell  and  dispose  of  the  same  upon  such  tei"ms  as  shall  seem 
meet  and  advantageous :  Now,  therefore,  the  said  A.  B.,  in  conside- 
ration of  the  premises,  doth,  for  himself,  his  heirs,  executors,  adminis- 
trators, and  assigns,  covenant  and  agree,  to  and  with  the  said  C.  D., 
E.  F.,  and  G.  H.,  their  executors,  administrators,  and  assigns,  that 
they,  the  said  C.  D.,  E.  F.,  and  G.  H.,  their  executors,  administrators, 
and  assigns,  shall  and  may,  at  all  times  hereafter,  have  the  right  of 
changing  the  security  above  mentioned,  by  substituting,  instead  of 
the  same,  or  of  any  part  thereof,  not  less  than  one  hundred  dollars, 
the  like  security,  on  other  real  estate  of  at  least  equal  value;  and 
that  he,  the  said  A.  B.,  his  heirs,  executors,  administrators,  or  assigns, 
shall  and  will,  upon  request  to  him  or  them  made,  forthwith  execute 
and  deliver  to  the  said  C.  D.,  E.  F.,  and  G.  H.,  their  executors, 
administrators,  or  assigns,  good  and  sufficient  releases  and  discharges 
of  the  said  mortgage,  or  of  the  lien  upon  any  portion  of  the  premises 
therein  described,  whenever  the  said  C.  D.,  E.  F.,  and  G.  H.,  their 
executors,  administratoi-s,  or  assions,  shall  furnish  the  said  A.  B.,  or 
his  representatives,  as  aforesaid,  with  such  other  security  as  above 
mentioned. 

In  witness,  &c.,  [as  in  §  52.] 


§  68.  Agreement  respecting  Party  Wall. 

This  agreement,  made  the  day  of,  &c.,  between  A.  B., 

of,  &c.,  and  C.  D.  of,  &c.,  witnesseth :  That  whereas  the  said  A.  B. 
is  the  owner  of  the  lot  and  store  known  as  number  Genesee 

street,  in  the  city  of  Auburn ;  and  the  said  C.  D.  is  the  owner  of 
the  lot  adjoining  the  same,  on  the  northerly  side  thereof,  on  which 
last  mentioned  lot  the  said  C.  D.  is  about  to  erect  a  brick  store: 
Now,  therefore,  the  said  A.  B.,  in  consideration  of  the  sum  of 
dollars,  to  him  in  hand  paid,  the  receipt  whereof  is  hereby 
acknowledged,  doth,  for  himself,  his  heirs,  executors,  administrators, 
and  assigns,  covenant,  grant,  promise,  and  agree,  to  and  with  the 
said  C.  D.,  his  heirs,  executors,  administrators,  and  assigns,  that  he, 
the  said  C'.  D.,  his  heirs  and  assigns,  shall  and  may,  in  the  erection 
of  the  brick  store  about  to  be  built,  as  aforesaid,  freely  and  lawfully, 
but  in  a  workmanlike  manner,  make  use  of  the  northerly  gable^^end 
wall  of  the  said  A.  B.,  or  so  much  thereof  as  the  said  C.  D.,  his  heirs 
or  assigns,  may  desire,  as  a  party  wall,  to  be  continued  and  used  as 
such  forever. 

And  the  said  A.  B.  and  C.  D.  do  hereby  mutually  covenant  and 
%gre«»  for  and  with  themselves,  and  their  respective  heirs  and  as.s:.gns» 


AGREEMENTS  AND  CONTEACTS.  41 

that  if  it  stall  hereafter  become  necessary  to  repair  or  re-build  the 
whole,  or  any  portion  of  the  said  party  wall,  the  expense  of  such 
repairing  or  re-building  shall  be  borne  equally  by  the  said  A.  B.  and 
C.  D.,  their  respective  heirs  and  assigns,  as  to  so  much  and  such 
portion  of  the  said  wall  as  the  said  C.  D.,  his  heirs  and  assigns,  shall 
or  may  use  for  the  purposes  aforesaid ;  and  that  whenever  the  said 
party  wall,  or  any  portion  thereof,  shall  be  re-built,  it  shall  be  erected 
on  the  same  spot  whereMt  now  stands,  and  be  of  the  same  size,  and 
the  same  or  similar  materials,  and  of  hke  quality,  with  the  present 
wall. 

It  is  further  mutually  understood  and  agreed  between  the  aforesaid 
parties,  that  this  agreement  shall  be  perpetual,  and  at  all  times  be 
construed  into  a  covenant  running  with  the  land;  and  that  no  part 
of  the  fee  of  the  soil  upon  which  the  wall  of  the  said  A.  B.,  above 
described,  now  stands,  shall  pass  to,  or  be  vested  in,  the  said  G.  D., 
his  heirs  and  assigns,  in  or  by  these  presents. 

In  witness,  &c.,  [as  in  §  52.] 

§  69.  Agreement  of  Purchaser  at  Auction  Sale. 

This  agreement,  made  the  day  ofj  &c.,  between  A.  B., 

of,  &c.,  and  E.  F.,  of,  &c.,  by  C.  D.,  his  agent,  witnesseth:  That 
whereas  the  said  A.  B.  hath  this  day  become  the  purchaser,  at  pubUc 
auction,  of  the  following  described  property,  viz:  all  that  piece  or 
parcel  of  land,  &c.,  [describe  the  j^f^^'^ises  sold^  at  the  consideration 
price  of  dollars ;  and  the  said  A.  B.  hath  also  paid  to  the 

said  E.  F.,  by  the  said  C.  D.,  his  agent,  as  aforesaid,  the  sum  of 
dollars,  part  and  parcel  of  the  purchase  money  of  the  said 
premises:  Now,  therefore,  the  said  A.  B.  agrees  to  pay  the  remain- 
ing sum  of  dollars  imto  the  said  E.  F.,  his  agent,  or  attorney, 
on  the  day  of  next;  and  the  said  E.  F.,  by  his 
agent  as  aforesaid,  agrees,  that  he,  the  said  E.  F.,  will  execute  and 
dehver  to  the  said  A.  B.  a  good  and  sufficient  warranty  deed,  with 
full  covenants,  for  the  premises  above  described,  immediately  upon 
the  payment  of  the  said  sum  of  dollars  last  above  specified. 

In  witness,  &c.,  [as  in  §  66.] 


§  70.  Agreement  with  a  Clerk  or  Workman. 
This  agreement,  made  the  day  of,  &c.,  between  A.  B., 

of,  &c.,  and  C.  D.,  of,  &c.,  witnesseth :  That  the  said  C.  D.  covenants 
and  agrees,  faithfully,  truly,  and  diligently,  to  write  [or,  work]  for 
the  said  A.  B.  as  his  clerk,  [or,  journeyman,]  in  the  office  [or,  shop, 
or,  store]  of  the  said  A,  B.,  at  ,  aforesaid,  from  the 

day  of  instant,  for  and  during  the  space  of 

years :  In  consideration  of  which  service  so  to  be  performed,  the  said 
A.  B.  covenants  and  agrees  to  pay  to  the  said  C.  D.  the  sum  of 
dollars  annually,  in  four  equal  quarterly  payments. 


42  NEW   clerk's   ASSIflTANT. 

And  it  is  understood  and  agreed  between  the  aforesaid  parties, 
that  the  death  of  either  of  them  occitrring  prior  to  the  expiration  of 
the  said  term  of        years,  this  agreement  shall  thereupon  terminate. 

In  Avitness,  &c.,  [as  in  §  52.] 


§  7l.     Agreement,  or  Subscription,  for  Raising  Money  to  Build 
a    Church,  or  Bridge} 

We,  the  undersigned,  do  hereby  severally  promise  and  agree  to 
nay  to  A.  B.,  C.  D.,  and  E.  F.,  the  Trustees  of  the  First  Presbyte- 
rian Society  in  the  town  of  ,  \or,  the  Commissioners  of  High- 
ways of  the  Town  of  ,]  the  sums  set  opposite  to  our  respect- 
ive names,  on  demand,  \or  as  the  terms  of  payment  may  fee,]  for  the 
purpose  of  building  a  church  or  place  of  worship  for  the  said  society 
in  the  town  of  ,  aforesaid ;  [or,  for  the  purpose  of  constructing 
a  bridge  over  the  river,  on  the  road  leading  from  ,  to 
;]  and  we  request  the  said  Trustees  [or.  Commissioners] 
to  contract  for  the  building  of  such  church  or  place  of  worship,  and 
to  build  the  same,  [or,  for  the  constructicn  of  such  bridge,  and 
to  construct  the  same,]  and  to  apply  the  sums  of  money  hereto  sub- 
scribed in  payment  therefor. 

Witness  our  hands,  this  day  of  ,1850. 

NAMES.  AMOUNT. 

G.  H. 8100  00 

L.  M. -     -         75  00 


§  72.     Agreement  with  a  Mason,  for  Plastering  a  House,  Laying 

Brick,  d:c. 
This  agreement,  made  the  day  of,  &c.,  between  A.  B., 

of,  (fee,  and  C.  D.,  of,  &c.,  witnesseth :  That  the  said  C.  D.,  for  the 
consideration  hereinafter  mentioned,  promises  and  agrees,  to  and 
with  the  said  A.  B.,  that  he  will  do  and  perform,  by  himself  or  per- 
sons in  his  employ,  in  a  good  and  workmanlike  manner,  and  with 
materials  to  be  furnished  by  the  said  A.  B.,  all  the  work  to  be  done 
and  performed  by  the  bricklayer  and  plasterer,  in  and  about  the 
'•reeling  and  building  a  new  dwelling  house  on  the  vacant  lot  of  the 
said  A.  B.,  on         street,  in  the  city  of  ,  according  to  the  plans 

and  specifications  hereto  annexed ;  and  also,  that  he  will  use  the 
utmost  care  in  working  up  the  materials  to  be  furnished  by  the  said 
A.  B.,  as  aforesaid,  to  the  best  advantage  for  the  said  A.  B.,  and  that 


1  In  an  agreement,  or  subscription,  of  this  I  be  selected  to  perform  the  worlc,  or  to  carry 
kind,  according  to  the  recent  decisions  of  the  the  object  for  which  the  money  is  raised  inta 
New  York  Courts,  it  is  necessary  that  there  |  effect ;  otherwise,  the  agreement  will  be  void 
should  be  a  request  to  the  Trustees,  Com- 1  lor  want  of  consideration.  See,  2  Denio,  403  ; 
missioners,  or  Comrajitee  of  Citizens,  if  one  1 1  Comstock,  584. 


AGREEMENTS  AKD  CONTRACTS.  43 

he  ■will  complete  the  said  work  on  or  before  the  day  of 

next 

And  the  said  A.  B.,  in  consideration  of  the  premises,  agrees  to 
furnish  and  provide  good  and  suflficient  materials  for  the  said  "vrork, 
at  such  time  or  times  as  the  said  C.  D.  may  request ;  and  to  pay  the 
said  C.  D.  for  all  such  work  as  shall  be  performed  by  him  or  his 
servants  in  and  about  the  said  new  dwelUng  house,  ornamental  work 
excepted,  on  the  completion  of  the  same,  at  and  after  the  rate  of 
per  yard  of  three  feet  square,  and  the  sum  of  dollars 

for  all  the  ornamental  work  done  or  performed  in  and  about  the  said 
dwelling  house, — it  being  expressly  understood  and  agreed,  that  no 
exti-a  charge  is  to  be  demanded  or  allowed,  for  corners,  arches,  jams, 
joints,  fire  places,  or  any  other  kind  of  work  not  strictly  ornamental, 
but  all  the  work  is  to  be  measured  as  plain,  except  the  ornamental 
work  to  be  paid  for,  as  aforesaid,  in  gross. 

In  witness,  <fec.,  [as  in  §  52.] 


§  73.     Agreement  to  Sell  Land. 

This  agreement,  made  and  entered  into  the  day  of,  &c., 

between  A.  B.,  of,  <fcc.,  of  the  first  part,  and  C.  D.,  of,  (fee,  of  the 
second  part,  witnesseth :  That  the  said  party  of  the  first  part,  in 
consideration  of  the  covenants  and  agreements  hereinafter  contained, 
agrees  to  sell  unto  the  said  party  of  the  second  part,  all  that  piece 
or  parcel  of  land  bounded  and  described,  <fec.,  [imert  descrijjtion  of 
premises,^  for  the  sum  of  dollars :  And  the  said  party  of 

the  second  part^  in  consideration  of  the  premises,  agrees  to  pay  to 
the  said  A.  B.  the  sum  of  dollars,  in  manner  following, 

viz :  dollars  on  the  execution  of  these  presents ; 

dollars,  on  the  day  of  ,  next;  and  the  remaining 

sum  of  dollars,  on  the  day  of  ,  A.  D.,  1846, 

with  the  lawful  interest  from  this  date,  on  each  payment,  at  the  time 
of  making  the  same. 

And  the  said  party  of  the  first  part  also  agrees,  that  on  receiving 
the  said  sum  of  dollars,  at  the  time  and  in  the  manner 

above  mentioned,  he  will  execute  and  deliver  to  the  said  party  of 
the  second  part,  at  his  own  proper  cost  and  expense,  a  good  and 
sufficient  deed,  for  the  convejnng  and  assuring  to  him,  the  said  party 
of  the  second  part,  the  fee  simple  of  the  said  premises,  free  from 
all  incumbrance ;  which  deed  shall  contain  a  general  warranty,  and 
the  usual  full  covenants.*  And  it  is  understood  that  the  stipulations 
aforesaid  are  to  apply  to,  and  to  bind,  the  heirs,  executors,  adminis- 
trators and  assigns,  of  the  respective  parties;  and  that  the  party  of 
the  second  part  is  to  have  immediate  possession  of  the  premises. 

In  witness,  (fee,  [as  in  §  52.] 


44  NEW    clerk's    ASSISTANT; 

t        /I 

§  74.     The  Same,  executed  hy  an  Attorney. 
This  agreement,  made,  &c.,  between  A,  B.,  of,  &c.,  of  the  first 
part,  by  E.  F.,  his  Attorney,  and  C.  D.,  of,  &c.,  of  the  second  part, 
witnesseth:  That  the  said  party  of  the  first  part,  &c.,  \as  m  §  73  to 
the  words,  In  witness,  &c.,  and  then  add:^ 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands 
and  seals,  the  day  and  year  fiirst  above  written.  A.  B.  [l.  s.] 

In  presence  of  )  By  E.  R,  his  Attorney. 

G.  H.  \  C.  D.  [l.  s.] 

§  75.     The  Same,  with   Covenants  as  to  Possession,   Taxes,  and 

Forfeiture. 

This  agreement,  made,  &c.,  [as  in  §  73  io  the  *  and  then  add:"] 
and  it  is  further  agreed  between  the  parties  to  these  presents,  that 
the  party  of  the  first  part  is  to  have  and  retain  possession  of  the 
premises  until  the  day  of  next,  when  the  same 

shtMi  be  delivered  up  to  the  party  of  the  second  part,  upon  his 
compliance  with  the  agreements  herein  above  contained;  that  the 
said  party  of  the  second  part  shall  pay  all  taxes  and  assessments, 
becoming  chargeable  to,  and  upon  the  said  premises,  after  the  deli- 
very of  the  possession  thereof  to  liim  as  aforesaid ;  and  that,  if  default 
be  made  in  fulfilling  this  agreement,  or  any  part  thereof,  on  the  part 
and  behalf  of  the  said  party  of  the  second  part,  then,  and  in  such 
case,  the  said  party  of  the  first  part  shall  be  at  Uberty  to  consider 
this  contract  as  forfeited  and  annulled ;  and  if  the  said  party  of  the 
second  part  shall  be  in  the  possession  of  the  said  premises,  at  the 
time  of  making  such  default,  the  party  of  the  first  part  shall  have 
full  and  ample  right  to  proceed  against  the  said  party  of  the 
second  part,  and  remove  him  therefrom,  in  the  n?anner  now  provided 
by  law  for  the  removal  of  persons  forcibly  enteniijr  into  the  possess- 
ion of,  and  detaining,  any  lands  or  other  possession? 

It  is  also  agreed  between  the  said  parties,  that  the  above  stipu- 
lations shall  apply  to,  and  bind,  their  respective  ^>irs,  executorsj, 
administrators,  and  assigns. 

In  witness,  (fee,  \as  in  §  52.] 


CHAPTER  III. 


APPRENTICES  AND   SERVANTS 


PRACTICAL     REMARKS 


L  Every  male  infant,  and  oa'cyj  unmarried  female  under  the  age 
of  eighteen  years,  with  the  consent  of  the  persons  or  officers  herein- 
after mentioned,  may,  of  his  or  her  own  free  will,  bind  himself,  or  her- 
self, in  writing,  to  serve  as  clerk,  apprentice,  or  servant,  in  any 
profession,  trade,  or  employment ;  if  a  male,  until  the  age  of  twenty- 
one  years,  and  if  a  female,  imtil  the  age  of  eighteen  years,  or  for  any 
shorter  time :  such  binding  will  be  as  vahd  and  effectual  as  if  the 
infant  were  of  full  age  at  the  time  of  making  the  engagement.^ 

2.  Such  consent  must  be  given : 

1.  By  the  father  of  the  infant.  If  he  be  dead,  or  be  not  in  a  legal  capa- 
city to  give  his  consent,  or  if  he  shall  have  abandoned  and  neglected  to 
provide  for  his  family,  and  such  fact  be  certified  by  a  Justice  of  the 
Peace  of  the  town,  and  endorsed  on  the  indenture,  then, 

2.  By  the  mother.  If  the  mother  be  dead,  or  be  not  in  a  legal  capa- 
city to  give  such  consent,  or  reluse,  then, 

3.  By  the  guardian  of  sucli  infant  duly  appointed.  If  such  infant 
have  no  parent  hving,  or  none  in  a  legal  capacity  to  give  consent,  and 
there  be  no  guardian,  then, 

4.  By  the  Overseers  of  the  Poor,  or  any  two  Justices  of  the  Peace 
of  the  town,  or  any  County  Judge  of  the  county  where  such  infant  shall 
reside.'' 

3.  Such  consent  must  be  signified  in  writing,  by  the  person  enti- 
tled to  give  the  same,  by  a  certificate  at  the  end  of,  or  endorsed 
upon,  the  indentures." 

4.  The  executors  of  any  last  will  of  a  father,  who  shall  be  directed 
in  such  will  to  bring  up  his  child  to  some  trade,  or  calling,  may  bind 
such  child  to  service,  in  hke  manner  as  the  father  might  have  done. 
The  County  Superintendents  of  the  Poor  may,  in  like  manner,  bind 


I  2  R.  S.  r3(l  ed.)  215,  5  1;  6  Johnson,  274; 
8  Id.,  328;  14  id.,  374;  19  Id.,  113;  5  Cowen, 
163,  527. 


2  2R.  S.  (.Sd  ed.)215,  §2. 
»  2  R.  S.  (.3d  ed.)  215,  S  3;  10  Johnson,  89; 
5  Cowen,  170;   2  Hill,  596. 


46  NKW  clerk's  assistant. 

out  any  child,  under  the  ages  above  specified,  "who  shall  be  sent  to  a 
county  poor  house,  or  who  may  or  shall,  or  whose  parents  may  or 
shall,  become  chargeable  to  any  county,  to  be  clerks,  apprentices,  or 
servants.  The  Overseers  of  the  Poor  of  any  town  or  city,  possess 
the  hke  power  in  such  town  or  city,  with  the  consent,  in  writing,  ot 
any  two  Justices  of  the  Peace  of  the  town,  or  of  the  Mayor,  Re- 
corder, and  Aldermen,  of  any  city,  or  of  any  two  of  them.  No 
child  of  an  Indian  Avoman,  however,  can  be  bound  as  an  apprentice, 
under  the  foregoing  provisions,  except  in  the  presence  and  with  the 
consent  of  a  Justice  of  the  Peace,  whose  certificate  of  consent  must 
be  filed  by  the  Clerk  of  the  town  in  which  the  indenture  of  appren- 
ticeship shall  be  executed.' 

5.  The  age  of  every  infant  bound  as  aforesaid,  must  be  inserted 
in  the  indenture,  and  will  be  'taken  to  be  the  true  age,  without  fur- 
ther proof  thereof;  and  public  ofiicers  who  act  in  such  cases,  should 
inform  themselves  fully  of  the  infant's  age.  Every  sum  of  money 
paid,  or  agreed  for,  in  relation  to  the  binding  out  of  any  clerk,  or 
apprentice,  must  also  be  inserted  in  the  indenture.* 

6.  Whenever  any  child  is  bound  out  by  the  County  Superintend- 
ents of  any  county,  or  the  Overseers  of  the  Poor  of  any  town,  the 
person  to  whom  the  child  may  be  bound,  must  enter  into  an  agree- 
ment, to  be  inserted  in  the  indentures,  that  he  will  cause  such  child 
to  be  instructed  to  read  and  Avrite,  (if  a  male,  to  be  also  instructed 
in  the  general  rules  of  arithmetic,)  and  that  he  will  give  such 
apprentice,  at  the  expiration  of  his  or  her  service,  a  new  bible.  The 
counterpart  of  any  indentures  executed  by  the  County  Superintend- 
ents, must  be  deposited  in  the  office  of  the  Clerk  of  their  county ; 
the  Overseers  of  the  Poor  will  deposit  a  counterpart  of  any  indent- 
ures executed  by  them,  in  the  Clerk's  office  of  their  city  or  town.^ 

v.  Any  person  coming  from  any  foreign  country  beyond  sea,  may 
bind  himself  to  service,  if  an  infant,  until  the  age  of  twenty-one 
years,  or  for  any  shorter  term.  Such  contract  of  ser\ice,  if  made 
for  the  purpose  of  raising  the  passage  money,  may  be  for  the  term 
of  one  year,  although  such  term  may  extend  beyond  the  time  when 
he  will  be  of  full  age ;  but  shall  in  no  case  be  for  a  longer  term. 
No  contract  made,  as  aforesaid,  will  bind  the  servant,  unless  it  be 
acknowledged  by  him  before  some  Mayor,  Recorder,  or  Alderman 
of  a  city,  or  some  Justice  of  the  Peace ;  nor  unless  a  certificate  of 
such  acknowledgment,  and  that  the  same  was  made  freely,  on  a  pri- 
vate examination,  be  endorsed  thereupon.  Any  such  contract  may 
be  assigned  by  the  master,  by  an  instrument  in  writing,  endorsed 
thereon,  executed  in  the  presence  of  two  witnesses,  if  such  assig-n- 
raent  be  approved  of,  in  writing,  by  any  magistrate,  as  aforesaid, 
whose  certificate  of  approbation  must  also  be  endorsed.* 

12R.  S.(3ded.)215,5§4-7;  13  Johnson,  270.  I     8  2R.  b.  (3d  ed.)  216,  §§  10, 11. 
«  2  K.  S.  (3d  ed.)  21&-16  S§  8,  9.  1*2  R.  S.  (3d  ed.)  216,  §S  1^-14 


APPREXTICES  AND  SERVANTS. 


41 


8.  No  indentm-e,  or  contract,  for  the  service  of  any  apprentice,  is 
valid,  as  against  the  person  whose  services  may  be  claimed,  unless 
made  in  the  manner  above  prescribed.' 

9.  The  master  is  entitled  to  all  the  earnings  of  the  apprentice." 

10.  A  guardian  is  liable,  although  the  apprentice  has  gone  off  and 
left  his  master.' 

11.  An  apprentice  is  not  assignable,  although  the  assignment 
would  be  vaUd  as  a  covenant  for  the  services  of  the  apprentice.* 

12.  An  apprentice  cannot  recover  of  an  assignee,  on  an  implied 
promise,  where  service  has  been  voluntarily  rendered.^ 

13.  Our  laws  recognize  no  general  authority  in  a  father  to  dispose 
of  his  children,  except  for  some  specific  and  temporary  purpose,  such 
as  apprenticeship  during  the  father's  hfe,  or  guardianship  after  hiss 
death.* 

hi.  If  any  person  lawfully  bound  to  service,  as  above  mentioned, 
willfully  absent  himself  without  leave,  he  must  serve  double  the 
time  of  such  absence,  unless  he  shall  otherwise  make  satisfaction, 
but  such  additional  term  of  service  cannot  extend  beyond  three 
years  next  after  the  expiration  of  the  original  term.'' 

15.  If  any  person  refuses  to  serve,  any  Justice  of  the  Peace  of 
the  county,  or  the  Mayor,  Recorder,  or  any  Alderman  of  the  city., 
where  he  shall  reside,  has  the  power  to  commit  him  to  jail* 

16.  If  any  apprentice  be  guilty  of  any  misdemeanor  or  ill  be- 
havior; or  if  any  master  be  guilty  of  any  cruelty,  misusage,  oi 
refusal  of  any  necessary  provisions  or  clothing,  or  of  a  %-iolation  of 
the  terms  of  the  indenture ;  complaint  may  be  made  to  any  two 
Justices  of  the  Peace  of  the  comity,  or  to  the  Mayor,  Recorder,  and 
Aldermen  of  the  city,  or  any  two  of  them,  who  will  summon  the 
parties  before  them  and  examine  into  the  grounds  of  complaint ;  and 
if  the  same  prove  to  be  well  founded,  they  must  either  commit  the 
apprentice  to  solitary  confinement  in  the  common  jail  of  the  county, 
for  a  term  not  exceeding  one  month,  there  to  be  employed  at  hard 
labor;  or  discharge  the  offending  apprentice  from  his  service,  and 
the  master  from  his  obligations ;  or,  in  case  of  iU  usage  by  the  mas- 
ter, discharge  the  apprentice  from  his  obhgation  of  service.* 

1 7.  The  above  statutory  proWsions  in  relation  to  apprentices  will- 
fully absenting  themselves,  refusing  to  serve,  or  being  guilty  of  any 
misdemeanor  or  ill  behavior ;  and  masters  guilty  of  ill  usage,  &c.,  do 
not  extend  to  those  cases  where  the  master  or  mistress  has  received, 
or  is  entitled  to,  any  sum  of  money  as  a  compensation  for  instruc- 
tion." 


1  2  R.  S.  (3d  ed.)218,  §26;  8  Johnson,  328. 

•  6  Johnson,  274. 

»  14  Johnson,  374;  5  Cowen,  170. 
«  19  Johnson,  113. 

•  2  Barbour's  S.  C.  Rep.,  208. 

•  3  Hill,  399. 


T2R.  S.  (3ded.)218,  5  28. 

8  2R.  S.  (3d  ed.)  219,  5  29. 

9  2  R.  S.  (3d  ed.)  219,  §5  30-32;  13  Jolui. 
son,  270. 

"2U.  S.  (3d  ed.^  219,  5  33. 


49  KEW  clerk's  assistant. 

18.  In  cases  -where  money  has  been  paid,  or  agreed  to  be  paid, 
any  Justice  of  the  Peace  of  the  county,  or  any  Mayor,  Recorder,  or 
Alderman  of  the  city,  in  which  the  apprentice  resides,  has  the  power 
of  inquiring  into  all  disputes  in  relation  thereto,  and  of  making  such 
order  and  direction  as  the  equity  of  the  case  may  require.  If  the 
difficulty  cannot  be  reconciled,  the  master  or  the  apprentice  may  be 
recognized,  in  such  sureties  as  the  officer  shall  approve,  for  his  ap- 
pearance at  the  next  Court  of  Sessions,  and  such  Court,  on  hearing 
the  parties,  may  either  discharge  the  apprentice  from  service,  or  order 
he  sum  of  money  to  be  paid,  or  to  be  refunded ;  or,  if  not  paid, 

discharge  the  same,  and  direct  the  securities  to  be  canceled ;  or, 
punish  the  apprentice  by  fine,  or  imprisonment,  or  both,  as  for 
a  misdemeanor.* 

19.  No  person  can  accept  from  any  journeyman  or  apprentice, 
any  contract  or  agreement,  nor  cause  him  to  be  bound  by  oath  or 
otherwise,  that  after  his  term  of  service  shall  have  expired,  such 
journeyman  or  apprentice  will  not  set  up  his  trade,  profession,  or 
employment,  in  any  particular  place,  shop,  house  or  cellar ;  nor  can 
any  person  exact  from  any  journeyman  or  apprentice,  after  his  term 
of  service  shall  have  expired,  any  money  or  other  thing,  for  using 
and  exercising  his  trade,  profession  or  employment,  in  any  place. 
Every  security  given  contrary  to  the  foregoing  provisions  Avill  be  void; 
any  money  paid,  may  he  recovered  back  by  the  person  paying  the 
same,  with  interest;  and  every  person  accepting  such  agreement, 
causing  such  obligation  to  be  entered  into,  or  exacting  money  or 
other  thing,  as  aforesaid,  forfeits  one  hundred  dollars  to  the  appren- 
tice, or  journeyman,  from  whom  the  same  shall  have  been  received.' 

20.  Upon  the  death  of  any  master,  to  whom  any  person  may  have 
been  bound  to  service,  as  clerk,  apprentice,  or  otherwise,  by  the 
County  Superintendents  of  the  Pooi-,  or  by  the  Overseers  of  the 
Poor,  the  executors  or  administrators  of  such  master  may,  with  the 
consent  of  the  person  bound  to  service,  signified  in  writing,  and 
acknowledged  before  a  Justice  of  the  Peace,  assign  the  contract  of 
such  service  to  any  other  person  ;  which  assignment  Avill  vest  in  such 
assignee  all  the  rights  of  the  original  master,  and  render  him  subject 
to  all  his  obligations.  If  the  person  so  bound  to  service  refuses  to 
give  such  consent,  such  assignment  may  be  made  under  the  sanction 
of  an  order  of  the  Court  of  Sessions  of  the  county,  after  fourteen 
days'  notice  of  an  application  to  ihat  effect,  served  on  the  appren- 
tice, his  parent,  or  guardian,  if  there  be  any  in  the  county ;  and 
when  so  made,  such  assignment  will  be  as  vahd  and  effectual  as  if 
the  consent  had  been  given  in  the  manner  aforesaid.^ 

21.  The  above  provisions  apply  as  w^ell  to  mistresses,  female 
guardians,  apprentices  and  wards,  respectively,  as  to  masters,  male 
guardians,  apprentices  and  wards.* 

>  2  R.  S.  (3d  ed.)  '^19,  220,  §§  34-38;  Laws  |      3  2  R.  S.  (3d  ed.)  220,  §§  41,  42. 
ot  1847,  chap.  2S0,  an.  v.  .         «  2  R.  S.  (3d  ed.)  221,  §  43. 

a  2  R.  S.  (3d  ed.)  220,  §§  39,  40.  | 


APPRENTICES  AND  SKRVANTS,  4^ 

\ 

FORMS. 


§  76.  Apprentice's   Indenittre, 

This  indenture  witnesseth :  That  C.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  now  aged  fourteen  yeai's, 

by  and  witli  the  consent  of  A.  B.,  his  father  [or,  motliei-,  his  father 
being  dead,  or,  being  legally  incapacitiited,  or,  having  abandoned  or 
neglected  to  provide  for  his  family]  endorsed  hereupon,  hatli  volunta- 
rily, and  of  his  own  free  will  and  accord,  put  and  bound  himself 
apprentice  to  E.  F.,  of  the  town  of,  <i:c.,  to  learn  the  art,  trade,  and 
mystery  of  a  hatter;  and  as  an  apprentice  to  serve  from  this  date 
for,  and  during,  and  until  the  full  end  and  term  of,  five  j^ears  next 
ensuing,  [or,  until  the  said  C,  B.  sliall  have  attained  the  age  of 
twenty-one  years,  which  will  be  on  tlie  day  of  ,  in  tlie 

year  18  ,]  during  all  Avhich  time  the  said  apprentice  sliall  serve  his 
master  faithful!}',  honestly,  and  industriously;  his  secrets  keep,  and 
lawful  commands  every  where  readily  obvy ;  at  all  times  protect  and 
preserve  the  goods  and  property  of  his  said  master,  and  not  suffer  or 
allow  any  to  be  injured  or  wasted.  He  shall  not  buy,  sell,  or  traffic, 
with  his  own  goods,  or  the  goods  of  others,  nor  be  absent  from  his 
said  master's  service,  day  or  night,  without  leave ;  but  in  all  things 
behave  himself  as  a  faithful  apprentice  ought  to  do,  during  the  said 
term.  And  the  said  master  shall  clothe  and  provide  for  the  saic) 
apprentice  in  sickness  and  in  health,  and  supply  him  with  suitable 
food  and  clothing;  and  shall  use  and  employ  the  utmost  of  his  endea- 
vors to  teach,  or  cause  him,  the  said  apprentice,  to  be  taught  or 
instructed,  in  the  art,  trade,  or  mystery  of  a  hattei-;  and  also  cause 
the  said  apprentice,  within  such  term,  to  be  instructed  to  read  and 
write,  and  in  the  general  rules  of  arithmetic;  and  at  the  end  of  the 
said  term,  give  the  said  apprentice  a  new  bible,  [/fueres.^ari/,  iii><ert 
here:  And  the  said  E.  E.  acknowledges  that  he  has  received,  with 
the  said  C.  B.,  from  A.  B.,  his  father,  [or,  mother,]  the  sum  of 
dollars,  as  a  compensation  fur  his  instruction,  as  above  m(!ntioned; 
or:  And  the  said  E.  F.  further  agrees  to  pay  to  the  said  C.  B.  the 
following  sums  of  money,  viz:  for  the  first  year  of  his  service 
dollars;  for  the  second  year  of  his  service  dollars;  and  foi 

every  subsecjuent  year,  until  the  expiration  of  his  term  of  service, 
d<tllars;  whi,.h  .said  payments  are  to  be  made  on  the  first  day 
of  January  in  each  year.] 

And  for  the  true  pei-formance  of  all  and  singular  the  covenants 
and  agreements  aforesaid,  the  said  parties  bind  themselves,  each  unto 
the  otlier,  firmly  by  these  presents. 

la  witness  whereof,  the  parties  aforesaid  have  hereunto  set  their 


^ 


60  NEW  clerk's  assistant. 

hands  and  seals,  tlie  day  of  ,  in  the  year  one  thousand 

eight  hundred  and 

Signed,  sealed,  and  delivered,  )  C.  B.  [l.  s.I 

in  presence  of  >■  E.  F.  [l.  s.I 

G.  H.       ■  \ 


§  7 7.    Consent  of  Father  or  Mother. 
I  do  herehy  consent  to,  and  approve  of,  the  binding  of  my  son,  C 
B.,  as  in  tlie  above  [or,  within]  indenture  mentioned.     Dated  the 
day  of  ,  in  the  year  18     . 

A.  B. 


§  78.  Justice's  Certificate,  where  Mother  gives  consent. 
I,  G.  H.,  a  Justice  of  the  Peace  of  the  town  of  ,  in  the 

county  of  ,  do  certify,  that  A.  B.,  the  father  of  the  infant 

namud  in  the  within  indenture,  is  dead,  [or,  is  not  in  legal  capacity 
to  give  his  consent  thereto ;  or,  has  abandoned  and  neglected  to  pro- 
vide for  his  family.]     Dated  the  day  of  ,  18     . 

G.  H.,  Justice  of  the  Peace. 


§  79.    Consent  of  Guardian. 

I,  S.  T.,  the  guardian,  duly  appointed,  of  C.  B.,  in  the  within 
indenture  named,  do  certify,  that  tiie  father  and  mother  of  the  said 
C.  B.  are  d(;ad,  [or,  tliat  the  father  of  the  said  C.  B.  is  dead,  and 
that  the  mother  of  the  said  C.  B.  refuses  her  consent  to  the  said 
indenture  of  apprenticeship ;  or,  is  not  in  legal  capacity  to  give  her 
consent  to  the  said  indenture  of  apprenticeship;]  and  that  I  do 
nereby  consent,  as  his  guardian,  that  he,  the  said  C.  B.,  may  bind 
xiimsolf  in  and  by  the  said  indenture. 

Dated  the  day  of  ,18. 

S.  T.,  Guardian  of  the  said  C.  B. 


§  80.    Certificate  of  Consent  of  the  Overseers  of  the  Poor,  tzvo  Jus- 
tices of  the  Peace  of  the  toivn,  or  County  Judge  of  the 
count;/  in  which  the  Infant  resides. 
"We,  the  vindersigned,  Overseers  of  the  Poor  of  the  town  of  , 

or.  two  Justices  of  the  Peace  of  the  town  of  ;  or,  T,  the 

mdei-signcd.  County  Judge  of  county,]  ^Yhere  the  within 

named  C.  B.  resides,  do  certify,  that  the  said  C.  B.  has  no  parent 
jving,  [or,  no  parent  in  legal  capacity  to  give  consent  to  the  within 
mdenture;  or,  no  father  living,  and  his  mother  is  not  in  legal 
capacity  to  give  consent  to  the  within  indenture,]  and  that  lie 
htis  no  guardian,  and  thai  we,  the  said  Overseers,  [or,  Justices? 


APPRENTICES  AND  SERVANTS.  61 

or,  I,  the  said  Judge,]  do  consent  that  the  said  C.  B.  may  bind 
himself  ia  and  by  the  said  indenture. 

G.  H. 

M.  P. 


§  81.     Agreement  of  ike  Father,  where  he  intends  to  bind  himself 
to  answer  in  Damages. 

This  indenture,  made  the  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  ,  between  A.  B.,  of,  &c.,  and 

E.  F.,  of,  <Sic.,  witnesseth :  That  the  said  A.  B.,  in  consideration  of 
the  covenant  and  agreement  hereinafter  mentioned,  doth,  by  these 
presents,  put  and  bind  his  son  C.  B.,  to  the  said  E.  F.,  to  learn  the 
art,  trade,  and  myster}^  of  a  hatter,  and  as  an  apprentice  to  serve 
from  this  date,  for,  and  during,  and  until  the  full  end  and  term  of, 
five  years  next  ensuing,  to  the  best  of  his  power  and  skill,  faithfully 
and  honestly,  in  all  lawful  business  and  matters  that  the  said  E.  F. 
may  direct;  and  the  said  A.  B.  doth  hereby  covenant  and  agree 
■with  tlie  said  E.  F.,  that  the  said  C.  B.  shall  in  all  things  well  and 
truly  serve  the  said  E.  F.,  during  the  said  term,  according  to  the 
conditions  of  the  indenture  this  day  executed  by  the  said  C.  B.  and 
E.  F.,  with  my  written  consent  thereupon  endorsed,  and  now  on  file 
in  the  office  of  the  Clerk  of  the  town  of  ;  and  the  said  E.  F. 

doth  covenant  and  agree  with  the  said  A.  B.,  to  pay  to  the  said  A- 
B.  the  sum  of  dollars,  on  tlie  first  day  of  ,  in  each 

and  every  year  during  the  term  aforesaid. 

In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
unto set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  )  A.  B.  [l.  s.] 

in  presence  of        >-  E.  F.  II.  s.l 

G.  il.  \ 


§  82.     The  Scnne,  indorsed  upon  the  Indenture, 
In  consideration  of  the  covenants  and  agreements  to  be  performed 

^T  ^'  !*'•'  ^^  ^"'^  "'^'^  ™>'  ^'^^  ^^-  ^^•'  specified  and  contained  in  the 
-ft-ithin  indenture,  I  do  iiereby  bind  myself  to  the  said  E.  F.,  for  the 
true  and  faillititl  performance  and  observance,  by  the  said  C.  B.,  of 
the  matters  and  tilings  by  him  to  be.  performed  and  observed  in  and 
by  the  said  indenture;  and  I  do  liereby  covenant  to  and  with  the 
said  E.  F.,  that  the  said  C.  B.  shall,  in  all  things,  well  and  truly 
perform  and  observe  the  same. 

In  witness  whereof,  1  have  hereunto  put  my  hand  and  seal,  the 
day  of,  &c. 

In  presence  of  )  A  B  [r   6  1 

G.  H.  f  •     -L      -J 


52  NEW  clerk's  assistant. 

§  S3.     Servant's  Indenture. 

This  indenture  witncsseth :  That  M.  B.,  of  the  town  of,  &c.,  now 
aged  thirteen  years,  by  and  with  the  consent  of  A.  13.,  of  the  town 
aforesaid,  her  father,  [o?*,  molhei',  ttc.,  as  in  §  7G,]  has  voluntai'ily 
and  of  her  own  accord,  put  and  bound  herself  to  E.  F.,  as  a  domes- 
tic servant,  to  serve  from  the  date  hereof,  for  and  until  the  full  end 
and  term  of  tive  years  next  ensuing;  [or,  until  she  shall  have 
attained  the  age  of  eighteen  years,  which  will  be  on  the  day 

of  ,  18      ;]  during  ail  which  time  the  said  servant  shall  serve 

her  master  faithfully,  honestly  and  industriously ;  all  lawful  com- 
mands every  where  readil}'  obey ;  and  pi'otect  and  preserve  the  goods 
and  property  of  her  said  master,  arid  not  suffer  or  allow  any  to  be 
injured  or  wasted :  she  shall  not  be  absent  from  service  without 
leave;  and  in  all  things,  and  at  all  times,  shall  behave  as  a  faithful 
seiTant  ought  to  do.  And  tlie  said  E.  F.  shall  and  will  furnish  and 
provide  the  said  servant,  during  the  continuance  of  the  said  term, 
^fith  suitable  and  sufficient  food  and  clothing;  and  cause  her,  within 
the  said  term,  to  be  insti-ucted  to  read  and  write;  and,  at  the  expi- 
ration of  the  said  term,  shall  give  her  a  new  bible,  and  the  sum  uf 
dollars.  And  for  the  true  performance  of  all  and  singu- 
lar the  covenants  and  agreements  aforesaid,  the  said  parties  bind 
tliemselves,  each  unto  the  other,  tirmly  by  th.ese  presents. 

In  witness,  &c.,  [as  in  §  76,  and  consent  of  father  or  mother,  as 
in  ^11.] 


§  84.      Contract  to  Bind  to  Service  a  3finor,  coming  from  a 
Foreign    Country  heyond  Sea,  and   Acknoivledymeni.* 
This  indenture,  made  the  day  of,  (fee.,  between  C.  B.,  an 

infant  under  the  age  of  twenty-one  years,  to  wit:  <,)f  the  age  of  nine- 
teen years,  on  the  day  of  last,  coming  from  the  city 
of  Dublin,  in  Ireland,  a  foreign  country  beyond  sea;  and  E.  F.,  of 
the  city  of  New  York,  witnesseth:  That  the  said  0.  B.,  in  pursu- 
ance of  tlie  statute  in  such  case  made,  and  in  consideration  of  the 
covenants  hereinafter  contained,  binds  himself  to  serve  the  said  E. 
F.  from  the  day  of  the  date  hereof,  until  the  full  end  and  teim  of 
two  years;  [or,  until  the  said  C.  B.  shall  be  twenty-one  years  of 
age,  which  will  be  on  the  day  of  ,  in  tlie  year  ;] 
during  which  term  the  said  C.  B.  shall  well  aiul  faithfully  serve  the 
said  E.  F.,  and  his  assigns,  in  all  such  lawful  business  as  he  shall 
be  put  to  by  the  said  E.  F.,  or  his  assigns,  to  the  utmost  of  the 
power  and  ability  of  the  said  C.  B. ;  and,  at  all  times,  behave  him- 
self honestly  and  obediently  to  the  said    E.   F.,  and  liis  assigns. 


•  The  execution  of   the  cnntract  should    be   acknowledged    before  a   Mayor,  Ke(VonleT, 
Aklerioan,  or  Juaiice  of  ihe  Peace. 


APPI.ENTICES    AND    SERVANTS.  53 

\ 

And  the  said  E.  F.  covenants  on  his  part,  and  agrees  to  and  with 
the  said  C.  B.,  that  he,  tlie  said  E.  F.,  will  tind  and  allow  to  the  said 
C.  B.  suitable  and  sufficient  food  and  clothing,  and  all  other  neces- 
saries, during  the  said  terni. 

In  witness  whereof,  the  parties  have  hereto  set  their  hands  and 
seals,  the  day  and  year  above  written.  C.  B.  [l.  s.] 

E.  F,  [l.  s.] 

State  of  New  York,  )  ^^ . 
County,  ) 
On  tlie  day  of  ,  in  the  year  ,  personally  came 

before  me  C.  B.,  to  me  known  to  be  the  person  who  executed  the 
within  contract,  and,  on  a  private  examination  before  me,  acknow- 
ledged that  the  said  contract  was  made  and  executed  by  him  freely, 
for  the  purposes  therein  mentioned. 

G.  H.,  Justice  of  the  Peace. 


§  85.  Assignment  of  foregoing  Indenture} 
Know  all  men  by  these  presents,  that  I,  the  within  named  E.  F., 
for  and  in  consideration  of  the  sum  of  dollars,  have  assign'-d 

and  set  over,  and  by  these  presents  do  assign  and  set  over,  the 
within  indenture,  and  the  servant  [or,  apprentice]  therein  named, 
unto  C.  D.,  of  ,  his  executors,  administrators,  and  assigns,  for  the 
residue  of  the  term  within  mentioned ;  he  and  they  performino-  all 
and  singular  the  covenants  therein  contained,  on  my  part  to  be  kept 
and  performed,  and  indemnifying  me  from  the  same. 
In  witness,  ttc,  [as  in  §  82.] 
In  presence  of  ) 

G.  H.  V  E.  F.  [l.  s.] 


L.  M. 


f 


§  86.  Approval  of  the  Assignment,  hy  a  Mayor,  Recorder,  Alder- 
man, or  Justice  of  the  Peace. 

I  hereby  approve  of  the  foregoing  assignment  of  the  within  inden- 
ture. 

W.  V.  B.,  Mayor  of  the  city  of  New  York. 


§  87.    Certificate  of  Consent  to  the  Binding  of  the   Child  of  an 

Indian  Woman. 

I,  G.  H.,  a  Justice  of  the  Peace  of  the  town  of  ,  in  said 

county,  do  certify,  that  R.  M.,  the  male  child  of  S.  M.,  an  Indian 

woman,  in  my  presence  and   with   my  consent,  was  bound  as  an 

»  Two  witnesses  are  required  lo  the  assignment. 


14  NEW  clerk's  assistant. 

apprentice  to  E.  F.,  of  ,  by  indenture,  dated  Uiis  day,  and 

duly  executed  in  the  town  of         ,  aforesaid ;  and  that  I  subscribed 
my  name  as  a  witness  thereto. 
Dated  the       day  of      ,18     . 

G.  H.,  Justice  of  the  Peace. 


§  88.    Complaint  h]}  Master  against  Apprentice  for  Refusing  to 

Serve. 
To  G.  H.,  a  Justice  of  the  Peace  of  the  County  of  : 

I,  E.  F.,  of  the  town  of  ,  in  said  county,  hatter,  hereby 

make  complaint  to  you,  that  C.  B.,  an  apprentice  lawfully  bound  to 
serve  me,  the  said  E.  F.,  whose  term  of  ser^ace  is  still  unexpired, 
and  with  whom  I  have  not  received,  nor  am  I  entitled  to  receive,  any 
sum  of  money  as  a  compensation  for  his  instruction,  refuses  to  serve 
me,  as  by  law  and  the  terms  of  his  indenture  of  apprenticeship  he  is 
required. 

Dated  the         day  of        ,  18     . 

County,  ss: 
E.  F.,  the  person  named  in  the  foregoing  complaint,  being  duly 
sworn,  deposes  and  says,  that  the  facts  and  circumstances  stated  and 
set  forth  in  the  said  complaint  are  true. 

Sworn  to  before  me,  tliis  )  -p,  -p, 

day  of         ,  18     .  f  ■^-  •^• 

G.  H.,  Justice  of  the  Peace. 


§  89.    Warrant  on  the  foregoing  Complaint. 
County,  ss  : 
To  any  Constable  of  said  County,  greeting: 

Complaint  has  been  made  to  me,  G.  H.,  one  of  the  Justices  of  the 
Peace  of  said  county,  upon  the  oath  of  E.  F.,  of  ,  in  said  county, 
hatter,  that  C.  B.,  an  apprentice  lawfully  bound  to  serve  the  said 
E.  F.,  whose  term  of  service  is  still  unexpired,  and  with  whom  the 
said  E.  F.  hath  not  received,  nor  is  entitled  to  receive,  any  sum  of 
money  as  a  compensation  for  his  instruction,  refuses  to  serve  the  said 
E.  F.,  as  by  law  and  the  terms  of  his  indenture  of  apprenticeship  he 
is  required :  Now,  therefore,  you  are  hereby  commanded  forthwith 
to  apprehend  the  said  C.  B.,  and  bring  him  before  me,  at  my  ofilce 
in  ,  to  answer  to  the  said  E.  F.  and  be  dealt  with  according 

to  law. 

Given  under  my  hand,  tliis         day  of        ,18     . 

G.  H.,  Justice  of  the  Peaca 


APPRENTICES  AND  SERVANTS.  55 

I  90.    Commitment  of  an  Apprentice  Refusing  to  Serve. 

County,  ss: 
To  any  Constable  of  said  county,  greeting : 

Complaint  on  oath  was  made  to  me,  the  undersigned  G.  H.,  a  Justice 
of  the  Peace  of  said  county,  by  E.  F.,  of  ,  in  said  county, 

hatter,  that  C.  B.,  an  apprentice  lawfully  bound  to  serve  the  said  E. 
R,  whose  term  of  service  Avas  still  unexpired,  and  with  whom  the 
said  E.  F.  had  not  received,  nor  was  entitled  to  receive,  any  sum  of 
money  as  a  compensation  for  his  instruction,  refused  to  serve  the  said 
E.  F.,  as  by  law  and  the  terms  of  his  indenture  of  apprenticeship  lie 
was  required:  And  the  said  C.  B.,  by  virtue  of  my  warrant  tliere- 
u[)on  issued,  has  been  brought  before  me  to  be  dealt  with  according 
to  law ;  and  whereas,  after  due  jjroof  before  me  of  the  facts  as  abo\<; 
stated  and  set  forth,  the  said  C.  B.  still  persists  in  such  refusal  to 
serve  the  said  E.  F. :  Now,  therefore,  you  are  hereby  commanded, 
in  the  name  of  the  People  of  the  State  of  New  York,  to  take  aiid 
convey  the  said  C.  B.  to  the  common  jail  of  said  county,  and  deliver 
liim  to  the  keeper  thereof,  who  is  commanded  to  receive  the  said 
C.  B.  into  tke  said  common  jail,  there  to  remain  until  he  shall  consent 
to  serve  the  said  E.  F.  according  to  law. 

Given,  ttc,  [as  in  §  89.] 


§  91.      Comp)laint  to  two    Justices  concerning  any    Misdemeanor 
or  III  Behavior  of  Apprentice. 

To  G.  H.  and  S.  T.,  Esquires,  Justices  of  the  Peace  of  the  county 
of  : 

I,  E.  F.,  of  the  town  of  ,  in  said  county,  hatter,  liereby 

make  complaint  to  you,  that  C.  B.,  an  apprentice  lawfully  bound  to 
serve  me,  the  said  E.  F.,  whose  term  of  service  is  still  unexpired, 
and  with  whom  1  have  not  received,  nor  am  I  entitled  to  receive,  any 
sum  of  money,  as  a  compensation  for  his  instruction,  has  been  guilty 
of  misdemeanors  and  ill  behavior  toward  me,  the  said  E.  F.,  as  fol- 
lows, viz:  \_describe  the  particulars  of  the  complaint.'^  E.  F. 

County,  ss: 
E.  F.  the  person  named  in  the  foregoing  complaint,  being  duly 
Rworn,  &c.,  [a5  in  §  88.] 


•  §  92.      Warrant  on  foregoing   Comp)laint. 

County,  ss: 
To  any  Constable  of  said  county,  greeting: 

Complaint  has  been  made  to  us,  the  undersigned.  Justices  of  thf 
Peace  in  and  for  the  said  county,  upon  the  oath  of  E.  F.,  of 
in  said  county,  hatter,  that  C.  B.,  an  a».«irentice  lawfully  bound  to 


1^  KEW    clerk's    assistant. 

serve  the  smd  E.  R,  whose  term  of  service  is  still  unexpired,  and 
with  whom  the  said  E.  F.  hath  not  received,  nor  is  entitled  to  receive, 
any  sum  of  money  as  a  compensation  for  his  instruction,  lias  been 
guilty  of  misdemeanors  and  ill-behavior  toward  him,  the  said  E.  F, 
as  follows,  viz :  \^ffive  the  particulars,  as  in  the  cornplaintJ\  Now, 
therefore,  you  are  hereby  commanded  forthwith  to  apprehend  the 
said  C.  B.,  and  bring  hira  before  us,  at  the  office  of  G.  H.,  in  the 
town  of  ,  that  we  may  hear,  examine  into,  and  determine 

the  said  complaint,  and  deal  with  the  said  C.  B.  according  to  law. 
Given  under  our  hands,  this  day  of  ,  18     . 

G.  H.,  Justice  of  the  Peace. 
S.  T.,  Justice  of  the  Peace. 


§  93.    Commitment  of  Apprentice  on  foregoing   Complaint. 

County,  ss: 
To  any  Constable  of  said  county,  greeting : 

Complaint  on  oath  was  made  to  us,  the  undersigTied  G.  H.  and  S. 
T.,  Justices  of  the  Peace  in  and  for  the  said  county,  by  E.  F.,  of 
,  in  said  county,  hatter,  that  C.  B.,  an  apprentice  lawfully 
bound  to  serve  the  said  E.  F.,  whose  term  of  service  was  still  unex- 
pired, and  with  whom  the  said  E.  F.  had  not  received,  nor  was  enti- 
tled to  receive,  any  sum  of  money  as  a  compensation  for  his  instruc- 
tion, had  been  guilty  of  misdemeanors  and  ill-behavior  toward  him, 
the  said  E.  F.,  as  follows,  viz:  [as  in  the  complaint;]  and  the  said 
C.  B.,  by  virtue  of  our  warrant  thereupon  issued,  has  been  brought 
before  us,  and  upon  due  examination  of  the  proofs  and  allegations 
of  the  parties,  it  satisfactorily  appears  to  us,  that  the  said  C.  B.  is 
guilty  of  the  premises  charged  against  him,  as  aforesaid:*  Now, 
therefore,  you  are  hereby  commanded,  in  the  name  of  the  People  of 
the  State  of  New  York,  to  take  and  convey  the  said  C.  B.  to  the 
common  jail  of  said  county,  and  deliver  him  to  the  keeper  thereof, 
who  is  commanded  to  receive  the  said  C.  B.  into  the  said  common 
jail,  there  to  remain  in  solitary  continement,  and  to  be  employed  at 
hard  labor,  for  the  term  of  one  month. 

Given,  &c.,  [^as  in  §  92.] 


§  94.    Discharge  of  the  Apprentice  from  Service,  and  ike  Master 
from  his   Obligations. 

County,  ss: 

Complaint  on  oath  was  made  to  us,  &c.,  [as  in  §  93  to  the  *,  and 
then  add:]  Now,  therefore,  we  do  hereby  discharge  the  said  C.  B. 
from  the  service  of  the  said  E.  F.,  and  the  said  E.  F.  from'  all  and 
every  of  his  obligations  incurred  xinder  and  by  virtue  of  the  indent- 
ures of  apprenticeship  of  the  said  C.  B. 

Given,  <fec.,  [as  in  §  92.] 


APPRENTICES    AN'D    SERVANTS.  S*I 

§  95.    Comj^^aint  hj  the  Apprentice  to  two  Justices,  for  the  Cruelty 

or  Mis>tso<je  of  his  Master,  or  his  Refusal  to  furnish  him 

with  Necessary  Provisions,  or  Clothing. 

To  G.  H.  and  S.  T.,  Esqiiires,  two  of  the  Justices  of  the  Peace  of 

the  county  of  : 

T,  C.  B.,  apprentice  to  E.  F.,  of  the  town  of  ,  in  said  county, 

hatter,  hereby  make  complaint  to  you,  that  the  said  E.  F.,  to  whom 

I  am  lawfully  bound  by  indentures  of  apprenticeship,  the  terra  of 

service  in  which  hath  not  yet  expired,  and   who  hath  not  received, 

nor  is  entitled  to  receive,  any  sura  of  money  as  a  compensation  for 

my  instruction,  has  cruelly  beat,  bruised,  and  wounded  me,  the  said 

C.   B.  ,  being  his  apprentice,  as  aforesaid ;  [or,  has  misused  and  ill 

treated   me,  the  said   C.   B.,  being  his  apprentice,  as  aforesaid,  by 

refusing  to  furnish  me  with   necessary  provisions  and  clothing;]  to 

wit,  at  ,  aforesaid,  on  the  day  of  ,18 

C.  B. 
County,  ss: 
C.  B.,  the  person  named  in  the  foregoing  complaint,  being  duly 
sworn,  (fee,  [os  in  §  88.] 


§  96.    Summons  on  the  foregoing   Complaint. 
Count)^  ss  : 
To  any  Constable  of  said  county,  greeting: 

Complaint  has  been  made  to  us,  the  undersigned.  Justices  of  the 
Peace,  in  and  for  the  said  county,  upon  tlie  oath  of  C.  B.,  apprentice 
of  E.  F.,  of  ,  in  said  county,  hatter,  that  the  said  E.  F.,  to 

whom  the  said  C.  B.  is  lawfully  bound  by  indentures  of  apprentice- 
ship, the  term  of  service  in  which  hath  not  yet  expired,  and  who 
hath  not  received,  nor  is  entitled  to  receive,  any  sum  of  money  as  a 
compensation  for  the  instruction  of  the  said  C.  B.,  has  cruelly  beat, 
&c.,  [as  in  §  9.5,  substituting  him  for  me:]  Now,  therefore,  you  are 
hereby  commanded  to  summon  the  said  E.  F.  and  C.  B.  to  appear 
before  us,  at  the  office  of  G.  H.,  in  the  town  of  ,  on  the 

day  of  instant,  at  two  o'clock  in  the  afternoon  of 

that  day,  that  we  may  hear,  examine  and  determine  the  said  com- 
plaint 

Given,  &c.,  [as  in  §  92.] 


§  97.  Discharge  of  Apprentice  on  foregoing  Complaint. 

County,  ss: 

Complaint  on  oath  was  made  to  us,  the  undersigned,  G.  H.  and  S. 

T.,   Justices  of  the   Pence  in  and   for  the  said  "county,  by   C.   B., 

apprentice  to  E.  F.,  of  ,  in  said  county,  hatter,  that  the  said 

E.  F.,  to  whom  the  said  C.  B.  was  lawfully  bound  by  indentures  of 


6S'  NEW  clerk's  assistant. 

apprenticesliip,  the  term  of  service  in  -wliich  was  still  unexpired,  and 
who  had  not  received,  nor  was  entitled  to  receive,  any  sum  of  money 
as  a  compensation  for  the  instruction  of  the  said  C.  B.,  had  cruelly 
beat,  etc.,  [as  in  §  96;]  and  the  said  E.  F.,  by  virtue  of  our  sum- 
mons thereupon  issued,  has  been  brought  before  us,  and  upon  due 
examination  of  the  proofs  and  allegations  of  the  parties,  it  satisfacto- 
rily appears  to  us,  that  the  said  E.  F.  is  guilty  of  tlie  premises  so 
charged  against  him,  as  aforesaid:  Now,  therefore,  we  do  herrby  dis- 
charge the  said  C.  B.  from  the  service  of  the  said  E.  F.,  any  tiling 
in  his  indentures  of  apprenticeship,  as  aforesaid,  to  the  contrar)^  not- 
withstanding. 

Given,  &c.,  \_as  in  §  92.] 


§  98.    Com2)Iaint  hy  Apprentice  against  the  Master,  where  Money 

has  been  paid,  or  agreed  to  he  paid. 
To  G.  H.,  a  Justice  of  the  Peace  of  the  county  of  : 

I,  C.  B.,  apprentice  to  E.  F.,  of  the  town  of  ,  in  said  county, 

hatter,  hereby  make  complaint  to  you,  that  the  said  E.  F.,  to  whom 
I  am  lawfully  bound  by  indentures  of  apprenticeship,  the  term  of 
service  in  which  hath  not  yet  expired,  and  who  hath  received  the 
sum  of  fifty  dollars,  \or,  who  is  entitled  to  receive  the  sum  of  fifty 
dollars,  on  the  day  of  ,18       ,]  as  a  compensation 

for  my  instruction,  has  cruelly  beat,  bruised,  and  wounded  me,  the 
said  C.  B.,  being  his  apprentice,  as  aforesaid,  [o?*,  has  misused  and  ill 
treated  me,  &c.,  as  in  §  95.] 

County,  ss  : 
C.  B.,  the  person  named  in  the  foregoing  complaint,  being  duly 
sworn,  &c.,  \_as  in  §  88.] 


§  99.  Summons  on  foregoing  Complaint 

County,  ss: 
To  any  Constable  of  said  county,  greeting: 

Complaint  has  been  made  to  me,  one  of  the  Justices  of  the  Peace 
in  and  for  the  said  county,  upon  the  oath  of  C.  B.,  apprentice  to  E. 
F.,  of  ,  in  said  county,  hatter,  that  the  said  E.  F.,  to  whom 

the  said  C.  B.  is  lawfully  bound  by  indentures  of  apprenticesliip, 
the  term  of  service  in  which  hath  not  yet  expired,  and  who  hath 
received  the  sum  of  fifty  dollars,  \or,  as  in  §  98,]  as  a  cnmpensaliop 
for  the  instruction  of  the  said  C.  B.,  has  cruelly  beat,  bruised  ana 
wounded  him,  the  said  C.  B.,  being  his  apprentice,  as  aforesaid,  [or, 
has  misused  and  ill  treated  him,  '&c.,  as  in  §  95.]  Now,  therefore, 
yea  are  hereby  commanded  to  summon  the  said  E.  F.  and  C.  B.  to 
appear  before  me,  at  my  office,  in  the  town  of  ,  in  said 

rounty,  on  the  day  of  instant,  at  two  o'clock  in  the 


/ 

APPRENTICES    AND    SERVANTS.  59 

afternoon  of  that  day,  that  I  may  hear,  exanune  into,  and  determine 
the  said  complaint 

Given,  &c.,  [as  in  §  89.]' 


§    100.  Recognizance  of  Master  and  Surety,  on  foregoing 
Complaint. 
State  of  New  York,  \  ^, 
County,  ) 
We,  E.  F.  and  L.  M.,  of  ,  in  said  county,  acknowledge  our- 

selves to  be  severally  indebted  to  the  People  of  the  State  of  New 
York,  that  is  to  say :  The  said  E.  F.  in  the  sum  of  dollars, 

and  the  said  L.  M.,  in  the  sum  of  dollars,  to  be  well   and  truly 

paid,  if  default  shall  be  made  in  the  condition  following:* 

Complaint  on  oath  having  been  made  to  the  undersigned,  G.  H.,  a 
Justice  of  the  Peace  of  the  said  county,  by  C.  B.,  an  apprentice, 
against  E.  F.,  his  master,  above  named,  the  parties  were  summoned 
and  appeared  before  the  said  Justice,  and  after  due  examination  into 
the  premises,  the  difficulty  between  the  said  parties  could  not  be 
compounded  or  reconciled :  Now,  therefore,  the  condition  of  this 
recognizance  is  such,  that  if  the  said  E.  F.  shall  personally  appear  at 
the  next  Court  of  Sessions,  to  be  held  in  and  tor  said  county,  then 
and  there  to  answer  to  the'  complaint  aforesaid,  and  to  do  and  receive 
what  shall,  by  the  court,  be  then  and  there  enjoined  upon  him,  and 
shall  not  depart  the  court  without  leave,  then  this  recognizance  shall 
be  void,  otherv/ise  of  force. 

Taken,  subscribed,  and  acknowledged,  )  E.  F.  [l.  s.] 

the         day  of      ,18     ,  before  me,  \  L.  M.  [l.  s.J 

G.  H.,  Justice  of  the  Peace. 


§  101.   Order  of  Court  of  Sessions  on  the   Complaint. 
State  of  New  York,  [     . 
County,  J 

At  a  Court  of  Sessions  of  the   county  of  ,  held  at  , 

in  and   for   said    county,  on  the  day  of  ,18        : 

Present,  N.  0.,  County  Judge;  G.  H.,  and  S.  T.,  Justices  of  the 

Peace : 

Complaint  on  oath  having  been  made  to  G.  II.,  a  Justice  of  the 

Peace  of  the  said  county,  by  C.  B.,  an  apprentice,  against  E.  F.,  his 

master,  who    had   received  the    sum   of  tifty  dollars    [or,  who  was 

entitled  to  receive,  &c.,    as  in  §   98,]   as  a  compensation  for  the 

instruction  of  the  said  C.  B.,  that  the  said  E.  F.  had  cruelly  beat, 

1  If  ihe  .liistice  cleciiles  to  make  such  order  I  may  be  varied  for  ihe  purfiose.  If  the  diflW 
and  direccioii  111  ilic  [lrel1lise^<  «j( /Ae  t'/K/Vi/ o/"  culty  caniuu  be  ciiinpouiulnd  or  reconci'ed, 
the  case  seerns  to  retjuire,  forms  §  94,  or  S  97,  |  forma  §  lUO,  etc.,  will  be  found  applicable. 


6tf  NEW  clekk's  assistant. 

bruised,  and  wounded  him,  the  said  C.  B.,  being  his  apprentice,  as 
aforesaid,  [or,  had  misused  and  ill  treated  him,  tlie  said  0.  H.,  being 
his  apprenlico,  as  aforesaid,  by  revising  to  furnish  him  with  necessary- 
provisions  and  clothing,]  the  said  parties  were  summoned  and  ap- 
peared before  the  said  Justice;  and,  after  due  examination  into  the 
premises,  the  difficulty  between  the  two  parties  could  not  be  com- 
pounded or  reconciled :  Whereupon  the  said  E.  F.  was  lecognized 
personally  to  appear  at  this  Court  of  Sessions  of  the  said  county,  to 
answer  to  the  complaint  aforesaid,  &c. :  And  now,  the  said  parties 
having  been  heard  by  their  respective  counsel,  it  is  ordered  and 
decreed  by  this  court,  that  the  indentures  of  apprenticeship  of  the- 
said  C.  B.  be,  and  the  same  are,  hereby  canceled,  and  declared  of 
none  effect;  and  that  the  said  C.  B.  be,  and  is,  forever  discharged 
from  the  same :  And  it  is  further  ordered,  that  the  said  E.  F.  refund 
to  A.  B.,  [or,  to  the  personal  representatives  of  A.  B.,]  the  father, 
[or,  to  M.  B.,  the  mother,  or,  guardian,  as  the  case  may  be,^  of  the 
said  C.  B.,  the  sum  of  fifty  dollars,  [or,  the  sura  of  dollars,  being 
part  of  the  aforesaid  sum  of  dollars,]  paid  by  the  said  A.  B.  to 
the  said  E.  F.,  as  a  compensation  for  the  instruction  of  the  said  C.  B.: 
\or:  And  it  is  further  ordered,  that  A.  B.,  or  the  personal  represen- 
tatives of  A.  B.,J  the  father  [or,  M.  B.,  the  mother,  or,  guardian,  as 
the  case  may  he\  of  the  said  C.  B.,  be,  and  he  [or,  she]  is  hereby 
forever  discharged  of  and  from  liis  [or,  her]  agreement  to  pay  to  the 
said  E.  F.  the  aforesaid  sum  of  dollars,  on  the         day  of  , 

18  ,  as  a  compensation  for  tlie  instruction  of  the  said  C.  B.,  and 
that  the  securities  given  therefor  be  forthwith  deUvered  up  or  can- 
cekd.]  L.  M.,  Clerk. 


§  102.  Complaint  by  Master  against  Apprentice  Refusing  to  Serve, 

where  Money  has  been  paid,  or  agreed  to  he  paid. 
To  G.  H.,  a  Justice  of  the  Peace  of  the  county  of  : 

I,  E.  F.,  of  the  town  of  ,  in  said  county,  hatter,  hereby 

make  complaint  to  you,  that  C.  B.,  an  apprentice  lawfully  bound  to 
serve  me,  the  said  E.  F.,  whose  term  of  service  is  still  unexpired, 
and  with  whom  I  have  received  the  sum  of  dollars,  [or,  with 

whom  I  am  entitled  to  receive  the  sum  of  dollars,  on  the 

day  of  ,  18       ,]  as  a  compensation  for  his 

instruction,  refuses  to  serve  me,  as  by  law  and  the  terms  of  his 
indenture  of  apprenticeship  he  is  required.  Dated,  &c.,  [as  in  §  88, 
with  the  verification.^ 


§  103.  Summons  on  the  foregoing   Complaint. 
County,  ss: 
To  any  Constable  of  said  County,  greeting : 

Complaint  has  been  made  to  rne,  G.  H.,  one  of  the  Justices  of  the 


/ 

APPRENTICES    AND    SERYANT3.  Ift 

Peace  of  said  county,  upon  the  oath  of  E.  F.,  of  ,  in  said 

county,  h:itter,  that  (J.  B.,  an  apprentice  lawfully  bouna  to  servo  the 
said  E.  F.,  whose  term  of  service  is  still  unexpired,  and  with  whom 
the  said  E.  F.  hath  received  the  sum  of  dollars,  [or,  with 

whom  the  said  E.  F.  is  entitled  to  receive  the  sum  of  dollars, 

on  the  day  of  ,  18     ,]  as  a  compensation   for  liis 

instruction,  refuses  to  serve  the  said  E.  F.,  as  by  law  and  the  terms 
of  his  indenture  of  apprenticeship  he  is  required:  Now,  tlierefore, 
you  tU-e  hereby  commanded,  ho,.  \as  in  §  99.] 


§  104.  Recognizance  of  Apprentice  and  Surety/  on  foregoing 
Complaint. 
State  of  New  York,  ) 
County,  j 

We,  C.  B.,  and  K.  B.,  of,  &c.,  \as  in  §  100  ^o  the*,  and  then  add:'\ 
Complaint  on  oath  having  been  made  to  the  undersigned,  G.  H.,  a 
Justice  of  the  Peace  of  the  said  county,  by  E.  F.,  the  master,  against 
C.  B.,  his  apprentice  above  named,  the  parties  were  summoned,  &c., 
\as  in  §  100  <o  the  end,  substituting  the  name  of  the  apprentice  for 
that  of  the  master.^ 


k,  ) 

,  '  ^  ss : 


§  105.    Order  of  Court  of  Sessions  on  the  foregoing    Complaint. 
State  of  New  York, 
County, 
At    a    Court   of    Sessions   of  the  county  of  ,  held  at 

in   and   for   said    county,  on    the  day   of  ,18  : 

Present,  N.  0.,  County  Judge;  G.  H.,  and  S.  T.,  Justices  of 
the  Peace: 
Complaint  on  oath  having  been  made  to  G.  H.,  a  Justice  of  the 
Peace  of  said  county,  by  E.  F.,  the  master,  against  C  Ji.,  his  appren- 
tice, with  whom  the>l.s;iid  E.  F.  had  received  tlie  sum  of 
dollars,  [or,  with  whom  the  said  E.  F.  was  entitled  to  leceivc  tlie 
sum  of  dollars,  on   the  day  of         ,18     ,]  as  a  com- 

pensation for  his  instruction,  that  the  said  C.  B.  refused  to  .serve  the 
said  E.  F.,  as  by  law  and  the  terms  of  his  indenture  of  apprentice- 
ship he  was  requii'ed,  the  said  parlies  were  summoned  and  appeared 
before  the  said  Justice;  and  after  due  examination  into  the  premises, 
the  difficuhy  between  the  said  parties  could  not  be  compounded  or 
reconciled:  Whereupon  the  said  C.  B.  was  recognized  personally  to 
appear  at  this  Ci^nrt  of  Sessions  of  the  said  county,  to  answer  to  the 
complaint  aforesaid,  &c. :  And  now,  the  said  parties  having  been 
beard  by  their  respective  counsel,  and  the  said  C.  B.  being  found 
guilty  of  the  premises,  it  is  ordered  and  decreed  that  the  said  C.  B. 
be  iined  in  the  sum  of  dollars,  \or,  that  the  said  C.  B.  bo 


62  NEW  clerk's  assistant. 

imprisoned  in  the  common  jail  of  said  county  of  ,  there 

to  remain  in  solitary  confinement  until  he  shall  consent  to  serve  the 
said  E.  F. ;  or,  if  necessary,  include  both  fine  and  imprisotiment, 
or  follow  §  101,  according  to  the  order  of  the   Coiirt.Y 

>  Where  the  niHster  complains  agalnsL  the  I  vior,  forma  §  102,  eic,  will  require  bul  little 
pprentice,  for  any  misdemeanor,  or  ill  beha- 1  alieration  to  meet  the  case. 


CHAPTER  IV. 
ARBITRATION  AIND  AWARD. 

PRACTICAL     REMARKS. 

1.  All  persons,  except  infants  and  married  women,  and  persons 
of  unsound  mind,  may,  by  an  instrument  in  writing,  submit  to  the 
decision  of  one  or  more  arbitrators,  any  controversy  existing  between 
them  which  might  be  the  subject  of  an  action  at  law,  or  of  a  suit  in 
equity;  any  claim  to  an  interest  for  a  term  of  years,  or  for  one  year, 
or  less,  in  real  estate ;  or  any  controversy  respecting  the  partition  of 
lands  between  joint  tenants,  or  tenants  in  common,  or  concerning  the 
boundaries  of  lands,  or  the  admeasurement  of  dower.  No  claim  to 
real  estate,  in  fee  or  for  Hfe,  can  be  thus  submitted.  The  parties  to 
any  such  admission  may  agree,  that  a  judgment  of  any  court  of  law 
and  of  record,  to  be  designated  in  such  instrument  in  writing,  as 
aforesaid,  sh;dl  be  rendered  upon  the  award  made  in  pursuance 
thereof 

2.  The  arbitrators  must  appoint  a  place  and  time  for  the  hearing, 
otherwise  thoir  award  will  be  void;  and  they  have  the  power  to 
adjourn  from  time  to  time,  or,  for  good  cause  shown,  to  postpone  the 
hearing  to  any  time  not  extending  beyond  the  day  6xed  for  render- 
ing their  award.  Before  proceeding  to  take  testimony,  *they  must 
t;ike  the  prescribed  oath.  Such  oath  may  be  administered  by  any 
Judge,  of  any  Court  of  Record,  or  by  any  Justice  of  the  Peace,  or 
by  any  Commissioner  of  Deeds.  The  attendance  of  witnesses  may 
be  cumpi.'lled  by  subpoena,  to  be  issued  by  any  Justice  of  the  Peace. 
The  oaths  to  witnesses  and  other  persons  examined  before  arbitra- 
tors, may  be  administered  by  such  arbitrators,  or  any,  or  either  of 
them.* 

3.  All  the  arbitrators  mxist  meet  together,  and  hear  all  the  proofs 
and  alleg-ations  of  the  parties ;  but  an  award  by  a  majority  will  be 

-.  s _ 

I  2  R  S    (3.1  ed.)62S,  «  1.2:  \  Hill,  44.  I  chap.  187;  1  Iliil,  489  j  3  Barbour'i  &  C 

•  2  ».  S.  (3J  ed.)  029,  ii  3-6 ;  Laws  of  1843,  |  R«p.,  276. 


64 


KEW  CLERK  S  ASSISTANT. 


valid,  unless  the  concurrence  of  all  be  expressly  required  in  the 
submission.  The  award  must  be  in  writing,  subscribed  by  the  arbi- 
trators, and  attested  by  a  subscribing  witness.* 

4.  An  award  made  without  notice  to  the  parties  of  the  hearing, 
and  without  their  being  present,  or  having  an  opportunity  to  be 
heard,  is  absolutely  void.''' 

5.  Upon  pro\ing  the  submission  and  the  aw-ard,  by  the  affidavit 
of  the  subscribing  witness,  or  by  the  affidavit  of  the  arbitrators, 
within  one  year  after  making  such  award,  the  court  designated  in 
such  submission  shall,  by  rule,  in  open  court,  conlirm  the  award 
made  in  pursuance  thereof,  unless  the  same  be  vacated  or  moditied, 
or  a  decision  thereon  be  postponed.^ 

6.  Any  party  complaining  of  such  award,  may  move  the  court  de- 
signated in  the  submission,  to  vacate  the  same,  upon  the  ground  that 
it  was  produced  by  fraud  or  corruption ;  or  that  the  arbitrators  were 
guilty  of  misconduct  in  refusing  to  postpone  the  hearing,  or  reject- 
ing proper  testimony ;  or  that  they  exceeded  their  powers.'' 

7.  Such  award  maj^  be  moditied  or  corrected,  in  like  manner, 
where  there  is  an  evident  miscalculation  of  iigures ;  where  the  arbi- 
trators have  decided  some  matter  not  submitted  to  them;  or 
where  the  award  is  imperfect.  All  applications  to  vacate,  or  modify 
an  award,  must  be  made  at  the  next  term  of  the  court  after  the 
publication  of  such  award.^ 

8.  Judgments  entered  up,  in  pursuance  of  any  award  and  confirm- 
ation thereof,  may  be  set  aside,  in  the  same  manner  as  judgments  in 
other  cases,  and  are  subject  to  the  same  provisions  of  law." 

9.  Whenever  a  party  revokes  the  submission  to  arbitration  before 
the  publication  of  the  award,  he  will  be  liable  to  the  adverse  party 
fur  all  the  costs,  expenses,  and  damages,  the  latter  may  have  ininir- 
red.  If  the  submission  so  revoked  be  contained  in  the  condition  of 
the  bond,  suit  may  be  commenced  there(jn  by  the  obligee  (du;  revo- 
cation being  assigned  as  the  breach  thereof,)  who  will  be  entitled  to 
recover  the  costs,  expenses,  and  damages  he  may  have  incurred.' 

10.  WlKM-e  a  judgment,  entered  in  pursuance  of  any  award,  as 
aforesaid,  recjuires  a  party  to  perform  some  act,  other  tlinn  the  pay- 
ment (jf  money,  and  he  refuses  to  do  the  same,  he  may  be  proceeded 
against,  as  in  tither  cases  of  contempt." 

11.  A  submission  to  -irbitrators,  of  the  subject  matter  of  a  pend- 
ing suit,  ami  an  award  thereon,  puts  an  end  to  the  suit  ;  and  the 
plaintiff's  remedy  is  on  the  award." 


1  -2  II  S  (o.l  ed.)  C2!).  §«  7,  8  ;  2  Hill,  75 ;  4 
nailM. Ill's  S.  (;.  I{<'p,  2.j0. 

■i  :i  ISiirlioiir's  S.  (;.  Kep.,  27i5. 

s  J  K  S  (:M  ril  )  629.  §  9  ;  .'>  Wenilell,  102  ; 
6  II..  .".-Jt :  4  IliH.  TmI  :  0  M..  303. 

*  2  I!  S.  (;i.l  imI. )  (i-.ni.  I,-  111;  17  .loliiif<  >n.  I'Tn 
10  \Vei..|.:ll.  asii:   17  1.1.,  412;   1  Mill, '119.  1S9. 

»  U  U.  S.  (3a  ea.;  C2U,  63U,  §^  11,  12  j  (J  Wen- 


ilell, 520;  10  Id.,  5S9;  17  M.,412;  1  I'aige, 
293. 

0  2  K.  S.  (3il  C(l.)630,  §§  13-17. 

»  2  K.  S  (3(1  c,\)  631,  S§  23,  24  ;  16  John- 
.!:(ili.2(l'):  5  I'.iiL'o,  .'7a 

'•2  K   S.  (.M  Kil  )631,  S  18. 

»  12  \Vi"iMle;i,r,03:  I  Hill,  69;  2M.,387;  * 
Ul,  010  ;  3  Uarbour's  Si.  C.  Kep.,  ii75. 


ARBITRATION  AND  AWARD.  65 

12.  If  the  arbitration  bond  requires  the  award  to  be  in  writing, 
ready  for  delivery  to  the  parties  on  or  before  a  given  day,  the  av/ard 
is  a  nullity,  unless  a  counterpart  of  the  award  delivered  to  the  pre- 
vailinsr  party  is  prepared  for  the  other  party.' 

13."  If  an  agent  enter  into  a  submission  in  his  own  name,  or  if  a 
person  on  behalf  of  himself  and  othei-s,  but  without  authority,  enter 
into  such  submission,  he  will  be  personally  bound  to  perform  the 
award.* 

14.  A  submission  to  arbitrators  is  valid,  Uiough  by  parol  ;  but 
the  award  made  in  pursuance  thereof  cannot  be  enforced  in  the 
manner  prescribed  by  the  statute.' 

15.  Where  the  submission  to  arbitrators  contains  an  express  con- 
dition, tiie  award  must  comply  with  it  strictly.* 

16.  It  is  immaterial  what  the  form  of  a  submission  may  be,  pro- 
vided the  intention  of  the  parties  appears.* 

17.  The  award  must  be  confined  to  the  submission.' 

18.  Where  a  submission  i«  verbal,  and  there  is  no  agrcemeni  that 
the  award  shall  be  in  writing,   c  may  be  by  parol.' 

19.  Where  the  sub:  mission  is  made  to  two  arbitrators,  with  the 
power  of  choosing  an  umpire  in  case  of  disagreement,  the  award  of 
the  umpire,  when  made,  is  final  and  conclusive.* 

20.  The  power  of  arbitrators  is  confined  to  the  parties  submitted, 
and  if  they  exceed  that  limit,  their  award  will,  in  general,  be  void.* 

21.  Oral  testimony  may  be  given,  either  in  law  or  equity,  to 
invalidate  an  award,  even  though  the  submission  and  award  be  in 
writing,  and  under  seal." 

22.  An  agreement  to  pay  a  certain  sum,  in  case  of  not  abiding  by 
an  award,  is  a  penalt}',  and  the  opposite  party  can  only  recover  the 
sum  awarded." 

2y.  No  provision  is  made  in  the  statute  for  the  compensation  of 
arbitrators,  but  suit  may  be  maintained  by  them  separately,  for  a 
reasonable  sum  in  payment  for  their  services.'" 

24.  Arbitrators  are  not  obliged  to  deliver  their  award  till  their 
fees  are  paid." 

25.  By  the  amended  constitution  of  New  York,  tribunals  of  con- 
ciliation arc  authorized  to  be  established.  No  definite  action  has 
yet  been  had  in  the  Legislature  on  the  subject;  but  should  such 
tribunals  be  established,  they  will  be  found  to  difter  very  slightly 
in  character  from  our  present  courts  of  arbitration,  and  the  forms 
used  in  the  one  can  readily  be  adapted  to  the  other." 

1  1  Hill,  321.  I      »7  nill.3^». 

"Hill,  41!).  1    107  Hill.  .^ifl. 


»  2  Hill,  471. 

«  3  Uarbnur's  S.  C.  Rep.,  K. 

»  1  Barbour's  S  C.  Rep  ,  TiHi. 

•  1  Barbour's  S  C.  Rep-.S-JS. 
»  2  Barbour's  Ch.  Hep., 430. 

•  IT  Jotinson,  403 ;  1  Hill,  489. 


11   I  Denio,  4M. 
'2  1  Denio,  1*3. 

•>  3  UHrbdiii  's  S.  C.  Rep.,  27.'>. 
'*  Aineitileti  CunsiiiuuuQ,  (i(^)  Ait.  tl. 
5  23. 


so  »&vr  clerk's  assistant. 


FORMS. 


§  106.  Special  Submission  to  Arbitrators. 
Whereas  a  controversy  is  now  existing  and  pending,  between  A. 
B.,  of,  &c.,  and  C.  D.,  of,  &c.,  in  relation  to  an  exchange  of  horses, 
made  by  and  between  the  said  parties,  at  the  town  of       ,  aforesaid, 
on  the  day  of  last  past:  Now,  therefore,  we,  the  under- 

signed A.  B.  and  C.  D.,  aforesaid,  do  hereby  submit  the  said  contro- 
versy to  the  arbitrament  of  E.  F.,  L.  M.,  and  S.  T.,  of,  <fec.,  or  any 
two  of  them ;  and  we  do  mutually  covenant  and  agree,  to  and  with 
each  other,  *  that  the  award  to  be  made  by  the  said  arbitrators,  or 
any  two  of  them,  shall,  in  all  things,  by  us,  and  each  of  us,  be  well 
and  faithfully  kept  and  observed ;  provided,  however,  that  the  said 
award  be  made  in  writing,  under  the  hands  of  the  said  E.  F.,  L.  M., 
and  S.  T.,  or  any  two  of  them,  and  ready  to  be  delivered  to  the  said 
parties  in  difference,  or  such  of  them  as  shall  desire  the  same,  on  the 
day  of  next. 

Witness  our  hands  and  seals,  this         day  of         ,  A.  D.  1 8     . 
In  presence  of )  A.  B.  [l.  s.] 

G.  H.         j  C.  D.  [l.  s.] 


§  107.  General  Submission. 
Whereas  differences  have  for  a  long  time  existed,  and  are  now 
existing  and  pending,  between  A.  B.,  of,  &c.,  and  C.  D.,  of,  &c.,  in 
relation  to  divers  subjects  of  controversy  and  dispute :  Now,  there- 
fore, we,  the  undersigned  A.  B.  and  C.  D.,  aforesaid,  do  hereby 
mutually  covenant  and  agree,  to  and  with  each  other,  that  E.  F.,  L. 
M.,  and  S.  T.,  of,  &C.,  or  any  two  of  them,  shall  arbitrate,  award, 
order,  judge,  and  determine,  of  and  concerning  all  and  all  manner 
of  actions,  cause  and  causes  of  actions,  suits,  controversies,  claims, 
and  demands  whatsoever,  now  pending,  existing,  or  held,  by  and 
between  us,  the  said  parties:  and  we  do  further  mutually  covenant 
and  agree,  to  and  with -each  other,  [as  in  §  106,  from  the  *  to  the 
end.] 

§  108.  Short  Form  of  General  Submission. 
We,  the  undersigned,  hereby  mutually  agree  to  submit  all  our 
matters  in  difference,  of  every  name  or  nature,  to  the '  award  and 
determination  of  E.  F.,  L.  M.,  and  S.  T.,  for  them  to  hear  and  deter- 
mine the  same,  and  make  their  award  in  writing,  on  or  before  the 
day  of  next. 

Witness  our  hands,  this         day  of        ,  18     . 

In  presence  of )  ♦  A.  R 

G.  H.        \  CD. 


ARDITRATION  AND  AWARD.  67 

§  109.  Agreement  for  Judgment,  to  be  inserted  in  the  Submission, 
if  necessary. 
And  it  is  hereby  further  agreed  between  the  said  parties,  that 
judgment  ia  the  Supreme  Court  of  the  State  of  New  York  [or, 
County  Court  of  county,]  may  be  rendered  upon  the  award  to 

be  made  pursuant  to  tJiis  submission,  to  the  end  that  all  matters  in 
controversy  between  them  [if  the  submission  be  special,  insert  here, 
in  that  behalf,]  shall  be  finally  concluded. 


§  110.  Arbitration  Bond} 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of  the  town  of 
,  in  the  county  of  ,  am  held  and  firmly  bound  unto  C. 

D.,  of  the  town  of  ,  in  the  county  of  ,  in  the  sum  of  five 

Imndred  dollars,  lawful  money  of  the  United  States,  to  be  paid  to 
the  said  C.  D.,  or  to  his  certain  attorney,  executors,  administrators, 
or  assigns;  for  which  payment,  to  be  well  and  faithfully  made,  I  bind 
myself,  my  heirs,  execiutors,  and  administrators,  firmly  by  these- 
presents. 

Sealed  with  my  seal ;  dated  the         day  of        ,  A.  D.,  1 8     . 

The  condition  of  this  obligation  is  such :  That  if  the  above  boun- 
den  A.  B.,  shall  well  and  truly  submit  to  the  decision  and  award  of 
E.  F.,  L.  M.,  and  S.  T.,  named,  selected,  and  chosen  arbitrators,  as 
well  by  and  on  the  part  and  behalf  of  the  said  A.  B.,  as  of  the  said 
C.  D.,  to  arbitrate,  award,  order,  judge,  and  determine,  of  and  con- 
cerning all  and  all  manner  of  actions,  cause  and  causes  of  actions, 
suits,  controversies,  claims  and  demands,  whatsoever,  now  depending, 
existing,  or  held,  by  and  between  the  said  A.  B.  and  the  said  CD.; 
so  that  the  said  award  be  made  in  writing,  under  the  hands  of  the 
said  E.  F.,  L.  M.,  and  S.  T.,  or  any  two  of  them,  and  ready  to  be 
delivered  to  the  said  parties,  or  such  of  them  as  shall  desire  the  same. 
on  or  before  the  day  of  ,18       ;  then  this  obligation  to 

be  void,  or  else  to  remain  in  full  force.  [  Where  there  is  no  submis- 
sion in  writing,  separate  from  the  bond,  the  following  clause  may  be 
inserted  here:  And  the  above  bounden  A.  B.  hereby  consents  and 
agrees,  that  judgment  in  the  Supreme  Court  of  the  State  of  New 
York  [or,  County  Court  of  county]  shall  be  rendered  upon  the 

award  to  be  made,  as  aforesaid,  to  the  end  that  all  matters  in  contro- 
versy between  the  said  parties  [or,  the  above  mentioned  matter  in 
controversy]  may  be  finally  concluded.] 

Sioned  and  sealed  ^  A.  B.  [u  8.] 

m  presence  of     > 
a  H.  ) 


«  Each  party  should  have  a  bond.    The  obligor  in  one  will  be  the  obligee  in  ihe  oihen 


68  NEW  clerk's  assistant. 

§  111.  Condition  of  Bond  on  a  Special  Submission. 
The  condition  of*  the  above  obligation  is  such :  That  if  the  abovo 
bounden  A.  B.  shall  well  and  truly  submit  to  the  decision  of  E.  F., 
L.  M.,  and  S.  T.,  named,  selected,  and  chosen  arbitrators,  as  well  by 
and  on  the  part  and  behalf  of  the  said  A.  B.,  as  of  the  said  C.  D., 
between  whom  a  controversy  exists,  to  hear  all  the  proofs  and  allega- 
tions of  the  parties,  of  and  concerning  a  certain  exchange  of  horses, 
made  by  and  between  them,  at  the  town  of  ,  aforesaid,  on  the 

day  of,  (fee,  and  all  matters  relating  thereto;  so  that  the  award 
of  the  said  arbitrators  be  made,  &c.,  [as  in  §  110.] 


§   112.  Notice  to  Arbitrators  of  their  Appointment. 
To  E.  F.,  L.  M.,  and  S.  T.,  Esquires: 

You  are  hereby  notified,  that  you  have  been  nominated  and  chosen 
arbitrators,  as  well  on  the  part  and  behalf  of  the  undersigned  A.  B., 
of,  ifec,  as  of  C.  D.,  of,  &c.,  also  undersigned,  to  arbitrate,  award, 
(fee,  [as  in  the  submission  or  bond,  specifying  the  time  within  which 
the  award  must  be  made;'\  and  you  are  requested  to  meet  the  said 
parties  at  the  liouse  of  0.  R.,  in  the  town  of  ,  aforesaid,  on 

the  day  of,  (fee,  at  ten  o'clock  in  the  forenoon  of  that  day,  for 

the  purpose  of  fixing  upon   a  time  and  place  when   and  where   the 
proofs  and  allegations  of  the  said  parties  shall  be  heard.     Dated  the 
day  oi,  (fee.  A.  B. 

Yours,  (fee,  C.  D. 


§  113.  Arbitrator's  Oath. 
We,  the  tmdersigned,  arbitrators,  appointed  by  and  between  A.  B. 
and  C.  D.,  do  swear  that  we,  respectively,  will  faithfully  and  fairly 
hear  and  examine  the  matters  in  controversy  between  the  parties 
above  named,  and  will  make  a  just  award  therein,  according  to  the 
best  of  our  imderstanding. 

Sworn  to,  this  day  of         ,  )  E.  F. 

18     ,  before  me.  \  L.  M. 

G.  H.,  Justice  of  the  Peace.  S.  T. 


§  114.  Notice  of  Hearing  for  opposite  Party,  if  necessary. 
In  the  matter  of  an  arbitration,  of  and 
concerning  certain  matters  in  differ- 
ence between  A.  B.,  of  the  one  part, 
and  C.  D.,  of  the  other  part 
Sir:  You  will  please  take  notice  that  a  hearing  in  the  matter 
above  specified,  will  be  had  before  the  arbitrators,  at  the  house  of  O. 
R,  in  the  town  of,  <fec.,  on  the  day,  of  <fcc.     Dated  the        daj 

ot,  (fee.  .  Yours,  (be,  A.  B. 

To  C.  D. 


ARBITRATION   AND    AWARD.  69 

§  115.   Oath  on  Application  to  a  Justice  of  ilie  Peace  /or  a 

Subpoena.^ 
You  do  swear  that  you  will  true  answers  make  to  all  such  ques- 
tions as  I  shall  put  to  you,  touching  the  necessity  and  propriety  of 
my  issuing  a  subpoena  upon  your  present  application  for  the  same. 


§  116.  Subpoena  to  appear  before  Arbitrators. 

Town  of  ,  ) 

n       *       }•  ss : 
County,    ) 

The  People   of  the   State  of  New  York,  to  N.  P.,  R  S.,  and  J.  O., 

Greeting : 

We  command  you,  and  each  of  you,  personally  to  appear  and  at- 
tend at  the  house  of  O.  R.,  in  the  town  of  ,  in  said  county,  on 
the  day  of  instant,  at  ten  o'clock  in  the  forenoon  of  that 
day,  before  E.  F.,  L.  M.,  and  S.  T.,  arbitrators  chosen  to  determine  a 
controversy,  [or,  certain  matters  in  controversy,]  between  A.  B.  and 
C.  D.,  then  and  there  to  testify  in  relation  thereto,  before  said  arbi- 
trators, on  the  part  of  the  said  A.  B.     Hereof  fail  not  at  your  peril 

Given  under  my  hand,  this         day  of  ,  18     . 

G.  H.,  Justice  of  the  Peace. 


§  117.  Oath  of  Witness  before  Arbitrators. 
You  do  solemnly  swear,  that  the  evidence  you  shall  give  to  the 
arbitrators  here  present,  on  a  controversy,  [or,  on  certain  matters  ia 
controversy,]  between  A.  B.  and  C.  D.,  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth :  So  help  you  God.  [  The  oath  may 
he  varied  according  to  form  §  49,  if  required.'^ 


§   118,  Revocation^ 
To  E.  F.,  L.  M,  and  S.  T.,  Esquires: 

Take  notice,  that  I  do  hereby  revoke  your  powers  as  arbitrators 
under  the  submission  made  to  you  by  C.  D.  and  myself,  in  writing, 
[or  as  t/ie  case  may  be,'\  on  the         day  of  18     . 

A.  B.' 


§  119.  Notice  of  Revocation. 
ToC.  D.: 

You  are  hereby  notified  that  I  have  this  day  revoked  the  powers 
of  E.  F.,  L.  ^L,  and  S.  T.,  arbitrators  chosen  to  settle  the  matters  in 

>  The  statute  dues   not  in  terms  render  it  I      >   If   the  submission    is  under   seal,  tha 
necessary  lor  a  Jiisiice  of  tlie  Peace  to  require     instrument  revolting   it  should   likewise  b* 
a  party  to  an  arbitration,  applyinj^  lor  a  suh-  |  under  seaU 
poena,  to  be  sworn,  but  it  is  always   best  to  ' 
administer  the  oaiS 


70  SEW  clebk's  assistant. 

controversy  between  us;  and  that  the  following  is  a  copy  of  such 

revocation :  [^Insert  the  Hevocation.^     Dated  the  day  of          , 

18     .                              Yours,  &c.,  A.  B. 


§  120.  Aioard. 
To  all  to  whom  these  presents  shall  come,  or  may  concern : 

Send  greeting,  E.  F.,  L.  M.,  and  S.  T.,  to  whom  were  submitted, 
as  arbitrators,  the  matters  in  controversy  existing  between  A.  B.,  of, 
&c.,  and  C.  D.,  of,  &c.,  as  by  their  submission  in  writing  [or,  by  the 
condition  of  their  respective  bonds  of  submission,  executed  by  the 
said  parties,  respectively,  each  to  the  other,]  and  bearing  date  the 
day  of  ,  A.  1).  18  ,  more  fully  appears:  Now,  therefore, 
know  ye,  that  we,  the  arbitrators  mentioned  in  the  said  submission, 
[or,  bonds,]  having  been  tirst  duly  sworn  according  to  law,  and  hav- 
ing heard  the  proofs  and  allegations  of  the  parties,  and  examined 
the  matters  in  controversy  by  them  submitted,  do  make  this  award 
in  writing  ;  that  is  to  say :  The  said  C.  D.  shall  make,  execute,  and 
dehver,  to  the  said  A.  B.,  on  or  before  the  day  of  instant, 

a  good  and  sufficient  assignment  of  a  certain  bond  and  mortgage, 
executed,  &c.,  to  the  said  C.  D.,  &c.  ;  and  the  said  A.  B.  shall  pay, 
or  cause  to  be  paid,  to  the   said   C.   D.,  the  sum  of  dollars, 

immediately  upon  the  execution  and  deUvery  of  the  said  assignment ; 
[or:  The  said  C.  D.  shall  pay,  or  cause  to  be  paid,  to  the  said  A. 
B.,  the  sum  of  dollars,  within  ten  days  from  the  date  hereof, 

in  full  payment,  discharge,  and  satisfaction,  of  and  for  all  moneys, 
debts  and  demands,  due,  or  owing  from  him,  the  said  C.  D.,  to  the 
said  A.  B. ;  or:  The  said  C.  D.  shall  henceforth  forever  cease  to 
prosecute  a  certain  suit  commenced  by  him,  against  the  said  A.  B., 
in  the  Supreme  Court  of  the  State  of  New  York,  now  pending  and 
undetermined  in  the  said  court;  and  the  said  A.  B.  shall  pay,  or 
cause  to  be  paid,  to  the  said  C.  D.,  on  or  before  the  day  of, 

(fee,  the  sum  of  dollars,  in  full  satisfaction  of  the  costs,  charges 
and  expenses,  incurred  by  the  said  C.  D.,  in  and  about  the  prosecu- 
tion of  his  suit,  as  aforesaid.]  And  we  do  further  award,  adjudge 
and  decree,  that  the  said  A.  B.  and  C.  D.  shall,  and  do,  within  ten 
days  next  ensuing  the  date  hereof,  seal  and  execute  unto  each  other, 
mutual  and  general  releases,  of  all  actions,  cause  and  causes  of 
action,  suits,  controversies,  claims  and  demands  whatsoever,  for,  or 
by  reason  of,  any  matter,  cause,  or  thing,  from  the  beginning  of  the 
world  down  to  the  date  of  the  said  bonds  of  arbitration,  [or,  the  said 
submission.] 

In  witness  whereof,  we  have  hereunto  subscribed  these  presents, 
this  day  of  ,  one  thousand  eight  hundred  and 

In  the  presence  of  )  E.    F 

G.  H.  f  L.  M. 

S.    T. 


ARBITRATION    AND    AWARD.  7l 

V 

§  121.  Release  to   be  executed  hy  Party  to  an  Arbitration, 

when   required  in   the   Award. 
Know  all  men  by  these  presents:  That  I,  A.  B.,  of  the 
of  ,  for  and  in  consideration  of  the  sum  of  one  dollar  to  me 

in  hand  paid  by  C.  D.,  of  ,  and  in  pursuance  of  an  award  made 
by  E.  F.,  L.  M.,  and  S.  T.,  arbitrators  between  us,  the  said  A.  B.  and 
C.  D.,  and  bearing  date  the  day  of  ,  one  thousand  eight 

hundred  and  ,  do  hereby  release,  and  forever  discharge,  the 

said  C.  D.,  his  heirs,  executors,  and  administrators,  of  and  from  all 
actions,  cause  and  causes  of  action,  suits,  controversies,  claims  and 
demands  whatsoever,  foi%  or  by  reason  of,  any  matter,  cause,  or 
thing,  from  the  beginning  uf  the  world  down  to  the  day  of 

,  one  thousand   eight  hundred  and  .     \^Tasert  the  date 

of  the  bonds  of  arhitratton,  or  of  tlie  submission.'^ 

In  witness  whereof,  I  have  hereunto  put  my  hand  and  seal,  this 

day  of  ,  one  thousand  eight  hundred  and 

In  presence  of  )  A.  B.  [l.  s.] 

a  YL       \ 


§   122.  Affidavit  of  the  Exemtion  of  the  Arbitration  Bond. 
County,  ss: 

G.  H.,  of  said  county,  being  duly  sworn,  deposes  and  says:  that 
he  was  present,  and  saw  A.  B.  sign,  seal,  and,  as  his  act  and  deed, 
deliver  the  bond  hereunto  annexed ;  that  the  name  A.  B.,  subscribed 
to  the  said  bond,  is  the  proper  and  genuine  signature  of  the  said  A. 
B. ;  and  that  this  deponent  set  his  name  as  a  subscribing  witness  to 
the  Bame,  at  the  time  of  its  execution  and  delivery  by  the  said  A.  B., 
as  aforesaid:  and  further  says  not  G.  H. 

Sworn  to,  <fec.,  [a«  in  §   113.] 


§  123.  Affidavit  of  the  Execution  of  the  Aivard. 
County,  ss : 

G.  H.,  of  said  county,  being  duly  sworn,  deposes  and  6a3s:  that 
he  was  present,  and  saw  E.  ¥.,  L.  M.,  and  S.  T.,  sign,  publish,  and 
declare,  their  final  award  and  arbitration  in  writing,  between  A.  B., 
o^  &c.,  and   C.  D.,  of,   <fcc.,  bearing  date   the  day  of,  &c.,  and 

hereunto  annexed;  that  the  names  E.  F.,  L.  M.,  and  S.  T.,  sub- 
scribed to  the  said  award,  are  the  proper  and  genuine  signatures  of 
the  said  E.  F.,  L.  M.,  and  S.  T. ;  and  that  this  deponent  set  his  name 
as  a  subscribing  witness  to  the  said  award,  at  the  time  of  its  execu- 
tion and  publication,  as  aforesaid :  and  further  says  not         G.  H. 

Sworn  to,  &c.,  [as  in  §  113.] 


CHAPTER  V. 
ASSIGNMENTS. 

PRACTICAL      REMARKS. 

1.  In  order  to  render  an  assignment  valid,  when  made  in  good 
fcith,  it  is  only  necessary  that  it  should  contain  sufficient  words  to 
convey  all  the  right,  title  and  interest,  of  the  assignor,  to  the  assignee, 
and  assure  to  the  latter  the  full  and  entire  possession  and  enjoyment 
thereof. 

2.  All  transfers,  or  assignments,  of  goods,  chattels,  or  things  in 
action,  made  in  trust,  for  the  use  of  the  person  making  the  same, 
are  void  as  against  the  creditors,  existing  or  subsequent,  of  such 
person.' 

3.  Every  assgnment  of  any  estate,  or  interest,  in  lands,  or  in  goods 
or  things  in  action,  or  of  any  rents  or  profits  issuing  therefrom,  made 
with  the  intent  to  hinder,  delay,  or  defraud,  creditors  or  other  per- 
sons, is  void.* 

4.  An  insolvent  debtor  may  give  a  |,-eference  to  one  creditor,  to 
the  exclusion  of  all  others,  provided  it  be  done  in  good  faith;  and 
this,  even  after  suit  commenced  against  him  by  another  creditor.* 

5.  If  the  assignor  reserve  to  himself  the  power  to  revoke  the  con- 
Teyance;  or  to  change  the  trusts,  by  giving  a  preference  to  other 
creditors  at  a  future  time ;  or  if  he  direct  the  surplus,  after  paying 
the  preferred  creditors,  to  be  returned  to  him;  the  conveyance  will 
be  void.  The  doctrine  is  well  established,  that  the  debtor  must  make 
an  unconditional  surrender  of  his  efi'ects,  for  the  benefit  of  those  to 
whom  they  rightfully  belong.* 

6.  An  assignment,  made  by  an  insolvent  debtor,  of  all  his  property, 
in  trust  to  pay  certain  specified  creditors,  and  then,  without  making 
provision  for  the  remaining  creditors,  in  trust  to  re-convey  or  re- 
assign the  residue  to  the  debtor,  is  void  on  its  face  as  to  the  creditors 


»  2  R  S.  (3d  ed.)  195,  §  1  ;  6  H»U  438.  I      *  14  Johi>son,  453  ;  5  Cowen,  547  ;  11  WcJk- 

t  2  R  S.  (3d  ed.)  197.  5§  1-3.  dell,  187  ;  6  Hill,  436 

•  0  Johnson,  355  ;  6  Cowen,  287.  | 


ASSIGNMENTS.  73 

not  provided  for ;  and  proof  that  there  would  be  no  surplus  will  not 
make  it  good.' 

7.  General  assignments  by  an  insolvent  debtor,  giving  preferences 
to  certain  creditors,  are  upheld  reluctantly  by  our  courts,  and  they 
must  be  executed  in  perfect  good  faith,  and  an  entire  and  absolute 
surrender  of  the  debtor's  property  must  be  made  for  the  payment 
of  his  debts.' 

8.  An  assignment  by  an  insolvent  debtor,  in  trust  to  pay  preferred 
creditors,  should  not  authorize  the  trustees  named  therein  to  sell 
property  on  credit.' 

9.  An  assignment  for  the  benefit  of  creditors,  authorizing  the 
assignee,  in  his  discretion,  to  change  the  order  of  preference  of  the 
creditors,  is  fraudulent  and  void.* 

10.  Assignments  of  the  property  or  effects  of  a  limited  partner- 
ship, made  by  such  partnership  when  insolvent,  or  in  contemplation 
of  insolvency,  and  giving  a  preference  to  creditors,  are  void.* 

11.  Where  an  assignment  is  made  for  the  benefit  of  creditors,  it 
must  be  accompanied  by  immediate  delivery,  either  actual  or  implied.* 

1 2.  Voluntary  conveyances  in  trust  for  creditors  are  regarded  with 
jealous)',  but  the  question  of  fraudulent  intent  is  always  one  of  fact, 
and  not  one  of  law.' 

13.  No  higher  rates  of  compensation  should  be  given  to  trustees 
or  assignees,  by  an  assignment,  than  those  allowed  to  executors, 
administrators,  and  guardians,  for  similar  services.' 

1 4.  An  action  brought  by  an  assignee  of  a  chose  in  action,  will  be 
without  prejudice  to  any  set-off,  or  other  defence,  e.\isting  at  the  time 
of,  or  before  notice  of  the  assignment.* 

15.  Every  assignment  of  any  interest  in  land  must  be  in  writing.'* 
Assignments  of  mortgages  should  be  acknowledged  and  recorded,  in 
tlie  same  manner  as  direct  conveyances  of  real  estate. 

1 6.  An  assignment  of  a  mortgage  by  an  individual,  or  by  a  corpo- 
ration, without  a  seal,  is  a  valid  transfer  of  the  mortoase  debt,  thousfh 
not  of  the  mortgage  itself." 

17.  An  assignment  of  a  policy  of  insurance  should  always  receive 
the  assent  of  the  insurers;  to  be  signified  in  writing,  if  a  company, 
by  the  President  or  Secretary. 

18.  The  assignee  of  an  insurance  policy  cannot  recover  for  any 
loss  in  his  own  name,  unless  there  be  an  express  promise  on  the  part 
of  the  company  to  be  responsible ;  even  though  the  assignment  be 
made  with  their  consent." 


»  4  Barbour's  S.  C.  Rep.,  456  :  2  Comstock, 
365. 
a  f  Hill,  438:  10  Paige,  229. 
3  0  Pai!;e.  4tv5  ;  2  Comstock,  365. 

*  4  llaiboiir  8  S.  C.  Hep.,  546. 
6  2  R.  S.  (3J  ed.)  51,  §  20. 

•  1  Barbour's  S.  C.  Rep.,  210. 
T  2  R.  S.  (3(1  ed.)  198,  4  4  ;  8  Cowen,  406  ; 

t  Wendell,  303;  7  Id.,  439;  8  Id..  375;  11  ' 

Id.,  251 ;  12  Id.,  297 ;  15  Id..  212,  C28 ;  16  Id.,  |    :a  3  Hill,  bS. 


520:  17  Id.,  54,  492:  19  Id.,  1?3,  514,  524; 
20  Id.,  118,  507;  2:3  Id.,  653;  24  Id.,  117;  25 
Id,,  396,  615;  26  Id.,  511  ;  1  Hill,  347,  438 
467  ;  4  Id.,  271  ;  6  Id.,  4.3.J,  438 ;  3  Paige,  557 
2  Barbour's  S.  C.  Rep.,  9. 
»  2  Coinsiock.  365. 

0  Laws  of  1849,  part  II.,  title  iii.,  S  112. 
10  2  H.  S.  (3d.  ed.)  47,  I  44 ;  Id.,  194,  5  6 
1  Donio,  .520. 


T4  '         NEW  clerk's  assistant. 


FORMS. 

§  124.  Assignment  to  be  indorsed  on  an  Instrument. 

In  consideration  of  the  sum  of  dollars,  to  me  in  hand  paid, 

by  C  D.,  of,  (fee,  the  receipt  whereof  is  hereby  acknowledged,  I  do 
hereby  transfer,  assign  and  set  over,  to  the  said  C.  D.,  his  heirs  and 
assigns,  all  my  right,  title  and  interest,  in  and  to  the  within  instru- 
ment ;  and  I  do  hereby  constitute  the  said  C.  D.,  my  attorney,  in  my 
name,  or  otherwise,  but  at  his  own  cost  and  charge,  to  take  all 
legal  measures  which  may  be  proper  or  necessary,  for  the  complete 
recovery  and  enjoyment  of  the  assigned  premises. 

Witness  my  hand  and  seal,  this  day  of  ,18. 

In  presence  of      )  A.  B.  [l.  s.] 

G.  H.  C 


§  1 25.  Assignment  by  a  Firm,  for  the  Benefit  of  Creditors. 

This  indenture,  made  the  day  of  ,  in  the  year  , 

between  A.  B.  and  C.  D.,  copartners,  under  the  name,  style,  or  firm, 
of  B.  &  D.,  of  the  first  part,  and  E.  F.,  of,  tfec,  of  the  second  part  : 

Whereas  the  said  copartnership  is  justly  indebted  in  sundry  con- 
siderable sums  of  money,  and  has  become  unable  to  pay  and  dis- 
charge the  same  with  punctuality,  or  in  full ;  and  the  said  parties  of 
the  first  part  are  now  desirous  of  making  a  fair  and  equitable  distribu- 
tion of  their  property  and  effects  among  their  creditors :  Now,  there- 
fore, this  indenture  witnesseth,  that  the  said  parties  of  the  first  part, 
in  consideration  of  the  premises,  and  of  the  sum  of  one  dollar  to  them 
in  hand  paid,  by  the  party  of  the  second  part,  the  receipt  whereof 
is  hereby  acknowledged,  have  granted,  bargained  and  sold,  released, 
assigned,  transferred  and  set  over,  and  by  these  presents  do  grant, 
bargain  and  sell,  release,  assign,  transfer  and  set  over,  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns,  forever,  all 
and  singular,  the  lands,  tenements  and  hereditaments,  situate,  lying 
and  being  within  the  State  of  New  York,  and  all  the  goods,  chat- 
tels, merchandise,  bills,  bonds,  notes,  book  accounts,  claims,  demand.s, 
choses  in  action,  judgments,  evidences  of  debt  and  property,  of  every 
name  and  nature  whatsoever,  of  the  said  parties  of  the  first  part, 
more  particularly  enumerated  and  described  in  the  schedule  hereto 
annexed,  marked  "  Schedule  A" ;  to  have  and  to  hold  the  same,  and 
every  part  and  parcel  thereof,  with  the  appurtenances,  to  the  said 
party  of  the  second  part,  his  heirs,  executors,  administrators  and 
assigns : 

In  trust,  nevertheless,  and  to  and  for  the  following  uses,  intents 
and  purposes ;  that  is  to  say :  that  the  said  party  of  the  second  part 
shall  take  possession  of  all  and  singular  the  lands,  tenements  and 


ASSIGNTIENTS. 


n 


hereditaments,  property  and  eflfects,  hereby  assigned,  and  sell  and 
dispose  of  the  same,  upon  such  terms  and  conditions  as  in  his  judg- 
ment may  appear  best,  but  not  upon  credit,  and  convert  the  same 
into  money ;  and  shall  also  collect  all  and  singular  the  said  debts, 
dues,  bills,  bonds,  notes,  accounts,  claims,  demands  and  choses  ia 
action,  or  so  much  thereof  as  may  prove  collectible ;  and  thereupon 
execute,  acknowledge,  and  deliver,  all  necessary  conveyances  and 
instruments,  for  the  purposes  aforesaid:  And  by  and  with  the  p'^)- 
ceeds  of  such  sales  and  collections,  the  said  pai  ty  of  the  second  part 
shall  fii'st  pay  and  disburse  all  the  just  and  reasonable  expenses, 
costs,  charges  and  commissions,  of  executing  and  carrying  into  eflfect 
tills  assignment,  and  all  rents,  taxes  and  assessments,  due  or  to  be- 
come due,  on  the  lands,  tenements  and  hereditaments,  aforesaid,  until 
the  same  shall  be  sold  and  disposed  of;  and  by  and  with  the  residue, 
or  net  proceeds  and  avails,  of  such  sales  and  collections,  the  said 
party  of  the  second  part  shall. 

First,  Pay  and  discharge,  in  full,  the  several  and  respective  debts, 
bonds,  notes  and  sums  of  money,  due,  or  to  grow  due,  from  the  said 
parties  of  the  first  part,  or  for  which  they  are  liable,  to  the  said  party 
of  the  second  part,  and  the  several  other  persons  and  firms  desig- 
nated in  the  schedule  hereto  annexed,  marked  "  Schedule  B," 
together  with  all  interest  moneys  due,  or  to  grow  due  thereon ;  and, 
if  said  net  proceeds  and  avails  shall  not  be  sufficient  to  pay  and  dis- 
charge the  same,  in  full,  then  such  net  proceeds  and  avails  shall  be 
distributed  pro  rata,  share  and  share  alike,  among  the  said  several 
persons  and  firms  named  in  said  Schedule  B.,  according  to  the 
amount  of  their  respective  claims ;  and. 

Secondly,  By  and  with  the  residue  and  remainder  of  the  said  net 
proceeds  and  avails,  if  any  there  shall  be,  the  said  party  of  the 
second  part  shall  pay  and  discharge  all  the  other  copartnership 
debts,  demands,  and  liabilities,  whatsoever,  now  existing,  whether 
due,  or  hereafter  to  become  due,  provided  such  remainder  shall  be 
sufficient  for  that  purpose ;  and,  if  insufficient,  then  the  same  shall 
be  applied  pro  rata,  share  and  share  alike,  to  the  payment  of  said 
debts,  demands  and  liabilities,  according  to  their  respective  amounts ; 
and, 

Thirdly,  By  and  with  the  residue  and  remainder  of  the  said  net 
proceeds  and  avails,  if  any  there  shall  be,  the  sa^d  party  of  the 
second  part  shall  pay  and  discharge  all  the  private  and  individual 
debts  of  the  parties  of  the  first  part,  or  either  of  them,  whether  due, 
or  to  grow  due,  provided  such  remainder  shall  be  sufficient  for  that 
purpose ;  and,  if  insufficient,  then  the  same  shall  be  applied  pro 
rata,  share  and  share  alike,  to  the  payment  of  the  said  debts,  accord- 
ing to  their  respective  amounts ;  and, 

Lastly,  The  said  party  of  the  second  part  shall  return  the  sur- 
plus of  the  said  net  proceeds  and  avails,  if  any  there  shall  be,  to  the 


r« 


NKW  clerk's  assistant. 


said  parties  of  the  first  parl»  tleir  executors,  administrators,  or 
assigns. 

And,  for  the  better  execution  of  these  presents,  and  of  the  seve- 
ral trusts  hereby  reposed,  the  said  parties  of  the  tirst  part  do  hereby 
make,  nominate  and  appoint,  the  said  party  of  the  second  part,  and 
his  executors,  administrators  and  assigns,  their,  and  each  of  their 
true  and  lawful  attorney,  irrevocable,  with  full  power  and  authority 
to  do,  transact  and  perform,  all  acts,  deeds,  matters  and  things, 
which  can,  or  may,  be  necessary  in  the  premises,  as  fully  and  com- 
pletely as  the  said  parties  of  the  first  part,  or  either  of  them,  might 
or  could  do,  were  these  presents  not  executed ;  and  attorneys,  one 
or  more,  under  him  to  make,  nominate,  and  appoint,  with  full  power 
of  substitution  and  revocation ;  hereby  ratifying  and  confirming  all, 
and  every  thing  whatsoever,  that  our  said  attorney,  and  his  attor- 
neys, shall  do,  or  cause  to  be  done,  in  the  premises. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  here- 
unto set  their  respective  hands  and  seals,  the  day  and  year  above 
written.* 


Signed,  sealed  and  delivered, 

in  the  presence  of 

G.  H. 


A.  B.  [l.  8.] 
C.  D.  [l.  8.J 


§126.    General  Assignment.  ♦ 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  for  value 
received,  have  sold,  and  by  these  presents  do  grant,  assign,  and  con- 
vey, unto  C.  D.,  of,  &c.,  all  the  notes,  accoimts,  dues,  debts,  and 
demands,  specified  in  the  schedule  hereunto  annexed,  marked  "  Sche- 
dule A,"  to  have  and  to  hold  the  same  unto  the  said  C.  D.,  and  his 
executors,  administrators,  and  assigns,  forever,  to  and  for  the  use  of 
the  said  C.  D. ;  hereby  constituting  and  appointing  the  said  C.  D.  my 
true  and  lawful  attorney,  irrevocable,  in  my  name,  place,  and  stead, 
for  the  purpose  aforesaid,  to  ask,  demand,  sue  for,  attach,  levy,  re- 
cover and  receive,  all  such  sum  and  sums  of  money  which  now  are, 
or  may  hereafter  become  due,  owing  and  payable,  for,  or  on  account 
of,  all  or  any  of  the  notes,  accounts,  dues,  debts  and  demands,  above 
assigned ;  giving  and  granting  unto  my  said  attorney,  full  power  and 
authority,  to  do  and  perform  all  and  every  act  and  thing  whatsoever, 
requisite  and  necessary,  as  fully,  to  all  intents  and  purposes,  as  I 
might  or  could  do,  if  personally  present,  with  full  power  of  substitu- 
tion and  revocation ;  hereby  ratifying  and  confirming  all  that  the  said 


1  The  above  form  may  be  readily  varied, 
{f  ihe  assignment  is  intended  to  be  made  for 
the  general  benefit  of  creditors,  without 
preference;  or  if  there  are  to  be  two  or 
more  classes  of  preferred  debts.     In  order 


to  save  trouble  and  expense,  in  passing  th« 
.  title  of  real  estate,  deeds  regularly  acknow- 
ledged and  executed,  ought  to  accompany 
an  assignment  embracing  real  properly. 


ASSIGNMENTS.  t^ 

attorney,  or  his  substitute,  shall  lawfully  do,  or  cause  tc  be  done,  by 
virtue  hereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  ,  one  thousand  eight  hundred  and 

Signed,  sealed,  and  delivered,  i 
in  the  presence  of  > 

E.  F.  )  A.  B.  [l.  8.] 


§  127.  Assignment  of  Bond. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  (fee,  of  the 
first  part,  for  and  in  consideration  of  the  sum  of  dollars, 

lawful  money  of  the  United  States  of  America,  to  me  in  hand  paid 
by  C.  D.,  of,  (fee,  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  have  bargained,  sold,  and  assigned,  and  by  these 
presents  do  bargain,  sell,  and  assign,  unto  the  said  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  a  certain  written  bond 
or  obligation,  and  the  condition  thereof,  bearing  date  the  day 

of  ,  one  thousand  eight  hundred  and  ,  executed  by 

E.  F.  to  the  said  A.  B.,  and  all  sum  and  sums  of  money,  due,  or  to 
grow  due  thereon  :  And  I  do  hereby  covenant  with  the  said  party  of 
the  second  part,  that  there  is  now  due  on  the  said  bond  or  obligation, 
according  to  the  condition  thereof,  for  principal  and  interest,  the  sum 
of  dollars ;  and  I  hereby  authorize  the  said  party  of  the 

second  part,  in  my  name,  to  ask,  demand,  sue  for,  recover,  and 
receive,  the  money  due,  and  that  may  grow  due  thereon,  as  afore- 
said. 

In  witness,  &c.,  [as  in  §  126.] 


§  128.  Assignment  of  Judgment. 
This  indenture,  made  the  day  of  ,  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of,  <fec.,  of  the  first  part, 

and  C.  D.,  of,  &c.,  of  the  second  part:  Whereas  the  said  party  of 
the  first  part,  on  the  day  of  July,  one  thousand  eight  hundred 

and  ,  recovered  by  judgment,  in  the  Supreme  Court  of 

the  State  of  New  York,  against  E.  F.,  of,  <fec.,  the  sup  of 
dollars  and  cents,  damages  and  costs,  [or,  dollars 

of  debt,  and  dollars  for  damages  and  costs :]  Now,  there- 

fore, this  indenture  witnesseth,  that  the  said  party  of  the  first  part,  in 
consideration  of  dollars,  to  him  duly  paid,  hath  sold,  and  by 

these  presents  doth  assign,  transfer,  and  set  over,  unto  the  said  party 
of  the  second  part,  and  his  assigns,  the  said  judgment,  and  all  sum 
and  sums  of  money  that  may  be  had,  or  obtained,  by  means  thereof 
or  any  proceedings  to  be  had  thereupon.  And  the  said  party  of  tlie 
first  part  doth  hereby  constitute  and  appoint  tlie  said  party  of  the 
second  part,  and  his  assigns,  his  true  and  lawful  attorney,  and  attor- 


78  NEW  clerk's  assistant, 

neys,  irrevocable,  with  power  of  substitution  and  revocation,  for  the 
use,  and  at  the  proper  cost  and  charge  of  the  said  party  of  the  second 
part,  to  ask,  demand,  and  receive,  and  to  sue  out  executions,  and  take 
all  lawful  ways  for  the  recovery  of  the  money  due,  or  to  become  due, 
on  the  said  judgment;  and  on  payment,  to  acknowledge  satisfaction, 
or  discharge  the  same ;  hereby  ratifying  and  confirming  all  that  his 
said  attorney  or  attorneys  shall  lawfully  do,  or  cause  to  be  done,  in 
the  premises.  And  the  said  party  of  the  first  part  doth  covenant, 
that  there  is  now  due  gn  the  said  judgment  the  sum  of  dollars, 

and  that  he  will  not  collect  or  receive  the  same,  or  any  part  thereof, 
nor  release  or  discharge  the  said  judgment,  but  M'ill  own  and  allow 
all  laAvful  proceedings  therein ;  the  said  party  of  the  second  part 
saving  the  said  party  of  the  first  part  harmless,  of  and  from  any  costs 
and  charges  in  the  premises. 

In  witness  whereof,  the  party  of  the  first  part  hath  liereunto  set 
his  hand  and  seal,  the  day  and  year  first  above  written. 

Sealed  and  deUvered  in  the  ) 
presence  of  >■ 

G.  H.  )  A.  B.  [l.  8.] 


§  129.   The  Same,  in  a  Shorter  Form. 

Supreme  Court: 
A.  B.    )  Judgment  for  81000  on  a  bond,  dated  first  May, 

against  >      1845.     Conditioned  for  the  payment  of  $500   and 
E.  F.    )      interest — costs  taxed  at  $21,50.    Judgment  docketed 
August  2,  1845,  in         County  Clerk's  Office. 

In  consideration  of  dollars,  to  me  paid,  I  do  hereby  sell, 

assign,  and  transfer,  to  C.  D.,  the  judgment  above  mentioned,  for  his 
use  and  benefit;  hereby  authorizing  him  to  collect  and  enforce  pay- 
ment thereof,  in  my  name,  or  otherwise,  but  at  his  own  costs  and 
charges :  and  covenanting  that  the  sum  of  dollars,  with  the 

interest  from  the  day  of  ,  in  the  year  « 

besides  the  costs,  is  due  thereon. 
In  witness,  &c.,  \as  in  §  126.] 


§  130.   The  Same,  in  Another  Form. 

County  Court: 

A.  B.      )  Judgment   docketed   31st  July,  1847,  for   $210, 

against     >-      27,  damages  and  costs. 

E.  F.       )  For  value  received,  I  do   hereby  assign,  transfer 

and  set  over,  the  above  mentioned  judgment,  to  C.  D.,  for  his  use, 
and  at  his  risk,  costs  and  charges,  in  all  respects. 

Dated  the  day  of  ,  18     .  A  B. 


ASSIGNMENTS.  t9 

§  131.  Assignment  of  Bond  and  Mortgage: 
Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  of  the 
first  part,  in   consideration   of  the  sum   of  dollars,   lawful 

money  of  the  United  States,  to  me  in  hand  paid  by  C.  D.,  of,  &.c.,  of 
the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  have 
granted,  bargained,  sold,  assigned,  transferred,  and  set  over,  and  by 
these  presents  do  grant,  bargain,  sell,  assign,  transfer  and  set  ovei-, 
unto  the  said  party  of  the  second  part,  a  certain  indenture  of  mort- 
gage, bearing  date  the  day  of  ,  one  thousand  eight 
hundred  and  ,  made  and  executed  by  E.  F.,  and  M.  his  wife, 
of,  ifec,  to  the  said  party  of  the  first  part,  together  with  the  bond  or 
obligation  therein  described,  and  the  money  due  or  to  grow  due 
thereon,  with  the  interest:  to  have  and  to  hold  the  same,  unto  the 
said  party  of  the  second  part,  his  executors,  administrators,  and 
assigns,  for  their  use  and  benefit;  subject  only  to  the  proviso  in  the 
said  indenture  of  mortgage  mentioned :  And  I  do  hereby  make,  con- 
stitute and  appoint,  the  said  party  of  the  second  part,  my  true  and 
lawful  attorney,  irrevocable,  in  my  name,  or  otherwise,  but  at  his 
own  proper  costs  and  charges,  to  have,  use,  and  take,  all  lawful  ways 
and  means,  for  the  recovery  of  the  said  money  and  interest;  and,  in 
case  of  payment,  to  discharge  the  same,  as  fully  as  I  might,  or  could 
do,  if  these  presents  were  not  made :  And  I  do  hereby  covenant,  to 
and  with  the  said  party  of  the  second  part,  that  there  is  now  due  and 
owing  upon  the  said  bond  and  mortgage,  the  sum  of  dollars, 
with  interest  from  the  day  of  ,  18  ;  and  that  I 
have  good  right  to  sell,  transfer  and  assign,  the  same,  as  aforesaid. 
In  witness,  <fec.,  [as  in  §  126.] 


§  132.  The  Same,  in  a  Shorter  Form. 
E.  F.,  and  M.,  his  wife,  )  Mortgage  dated  the  day  of, 

vs.  V      &c.,  executed  by  E.  F.,  and  M.,  his  wife, 

A.  B.  )      to  A.  B.,  on  certain   premises   described 

therein,  being  part  of  lot  No.  ,  in  the  town  of  ,  in  the 

county  of  ;  recorded   in  County  Clerk's  oflSce, 

in  book  No.  of  Mortgages,  pages  ■  ,  (fee. 

Bond  bearing  date  the  day  aforesaid,  executed  by  E.  R,  to  A.  B., 

aforesaid,  in  the  penal  sum  of  dollars,  conditioned  for  the 

payment  of  dollars,  secured  by  the  above  mortgage,  on  the 

day  of  ,  18       ,  with  interest 

In  consideration  of  dollars,  to  me  paid,  by  C.  D.,  of,  (fee, 

I  do  hereby  assign,  transfer  and  set  over,  unto  the  said  C.  D.,  the 

mortgage  above  described,  and  the  bond  accompanying  the  same,  as 

aforesaid,  for  his  use  and  benefit;  hereby  authorizing  him  to  collect 

and  enforce  payment  thereof,  in  my  name,  or  otherwise,  but  at  his 

own  costs  and  charges.     And  I  do'hereby  covenant  that  the  sum  of 

dollars,  with  interest  from  the  day  of  last 


80  KEw  clerk's  assistant. 

past,  is  now  due  and  owing  on  the  said  bond  and  mortgage ;  and 
that  I  have  good  right  to  sell  and  assign  the  same. 
In  witness,  &c.,  \as  in  §  126.] 


§  133.   The  Same,  Endorsed  on  Mortgage. 

In  consideration  of  dollars,  to  me  in  hand  paid,  by  C.  D., 

X  <fec.,  I  do  hereby  sell,  assign,  transfer,  and  set  over,  unto  the  said 

C.  D.,  the  within    indenture   of  mortgage,  together   with    the  bond 

accompanying  the  same,  for  his  use  and  benefit;  hereby  authorizing 

him  [as  in  §  132,  to  the  end] 


§  134.  Assignment  of   Bond  and  Mortgage,  as   Collateral 
Security, 

This  indenture,  ifec,  [or,  In  consideration  of,  <fec.,  as  in  either  of 
the  forms  immediately  precedinq,  and  then  add:^  But  this  inden- 
ture [or,  this  assignment]  is,  nevertheless,  made  upon  this  express 
condition,  that  if  the  said  A.  B.,  his  heirs,  executors  or  administrators, 
shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  C.  D.,  his 
heirs,  executors,  administrators,  or  assigns,  the  sum  of  dollars, 

on  or  before  the  day  of  ,  18       ,  with   interest  from 

the  date  hereof,  this  indenture  [or,  this  assignment]  shall  be  void  and 
of  no  effect ;  it  being  made  for  the  purpose  of  securing  the  payment 
of  the  said  sum  of  dollars,  with  interest,  as  aforesaid,  and  for 

no  other  purpose  whatever :  And  in  case  the  said  C.  D.,  his  heirs, 
executors,  administrators,  or  assigns,  shall  collect  and  receive  the 
money  due  on  said  mortgage  hereby  assigned,  he,  or  they,  shall,  after 
retaining  the  sum  of  dollars,  with  the  interest  thereon,  and  his, 

or  their,  reasonable  costs  and  charges  in  that  behalf  expended,  pay 
the  surplus,  if  any  there  be,  to  the  said  A.  B.,  his  heirs,  executors, 
administrators,  or  assigns. 

In  witness  whereof,  the  said  parties  have  hereto  set  their  respective 
hands  and  seals,  the  day  and  year  tirst  above  written,  [or,  the 
day  of  ,  18       .] 

Signed,  sealed  and  delivered,  )  A.  B.  [u  s.] 

in  presence  of  j  C.  D.  [l.  8.J 

G.  H. 


§  135.  Assignment  of  Lease. 
Know  all   men  by  these   presents :  That  I,  A.  B.,  of,  <fec.,  for  and 
m  consideration  of  the  sum   of  dollars,  lawful  money  of  the 

United  States,  to  me  paid,  by  C.  D.,  of,  &c.,  have  sold,  and  by  these 
presents  do  grant,  convey,  assign,  transfer  and  set  over,  unto  the  said 
C.  D.,  a  certain  indenture  of  lease,  bearing  date  the  day  of 

,  in  the  year  one  thousand  eight  hundred  and  » 

made  by  L.  M.,  o^  &c.,  to  me,  the  said  A.  B.,  of  a  certam  dwelling- 


ASSIGNMENTS.  81 

house  and  lot,  situate  in,-  &c.,  with  all  and  singular  me  premises 
therein  mentioned  and  described,  and  the  buiJdings  tliereon,  together 
with  tlie  appurtenances ;  to  have  and  to  hold  the  same  unto  the  said 
C  D.,  his  heirs,  executors,  administrators,  and  assigns,  from  the 
day  of  next,  for  and  during  all  the  rest,  residue,  and 

remainder,  of  the  term  of  years  mentioned  in  the  said  in- 

denture of  lease;  subject,  nevertheless,  to  the  rents,  covenants, 
conditions,  and  provisions,  therein  also  mentioned :  And  I  do  hereby 
covenant  and  agree,  to  and  with  the  said  C.  D.,  that  the  said  assigned 
premises  now  are  free  and  clear,  of  and  from  all  former  and  other 
gifts,  grants,  bargains,  sales,  leases,  judgments,  executions,  ba«k  rents, 
taxes,  assessments  and  incumbrances,  whatsoever. 
In  witness,  <kc.,  [as  in  §  126.] 


* 


§  136,   The  same,  by  indorsement. 

In  consideration  of  the  sum  of  dollars,  to  me  in  hand  paid, 

by  C.  D.,  of,  (fee,  the  receipt  whereof  I  hereby  acknowledge,  I  have 
bargained,  sold,  assigned  and  set  over,  and  by  these  presents  do  bar- 
gain, sell,  assign  and  set  over,  unto  the  said  C.  D.,  liis  heirs  and 
assigns,  the  within  wiitten  indenture  of  lease,  and  all  my  estate, 
right,  title,  interest,  chiim,  property  and  demand,  of,  in  and  to,  the 
lands,  tenements,  hereditaments  and  premises,  therein  mentioned, 
which  I  now  have,  by  means  of  the  said  indenture,  or  otherwise; 
subject,  nevertheless,  to  the  rents  and  covenants  in  the  said  inden- 
ture contained. 

In  witness,  Ac.,  [as  in  §  120.] 


§  137.  Assignment  of  Contract  for  the  Sale  of  Real  Estate. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  of,  &c.,  for  and 
in  consideration  of  the  sum  of  dollars,  lawful  money  of  the 

United  States,  to  me  psiid,  by  C.  D.,  of,  (fee,  have  sold,  and  by  thesft 
presents  do  sell,  transfer,  assign  and  set  over,  unto  the  said  (J.  D.,  a 
contract  for  the  sale  of  certain  real  estiite,  being  part  of  lot  No.  , 
in  the  town  of  ,  in  the  county  of  ,  aforesaid,  [or,  situate  in, 

&c.,  and  described  as  follows:  (fiviny  the  description  infidi;]  which 
said  contract  was  made  and  executed  by  E.  F.,  of,  ire,  to  the  said 
A.  B.,  and  bears  date  the  day  of  ,18        :  to  have  and 

to  hold  the  same  unto  the  said  U.  D.,  his  heirs,  executors,  adminis- 
trators and  {issigns,  for  his  and  their  use  and  benefit,  forever;  subject, 
nevertheless,  to  the  covenants,  conditions  and  ])aymeiits,  therein  men- 
tioned:^ And  I  hereby  fully  authorize  and  empower  the  said  C.  D., 
upon  his  performance  of  the  said  covenants  and  cunthtions,  to  demand 
and  receive  of  the  said  E.  F.  the  deed  covenanted  to  be  given  in  the 
said  contract,  in  the  same  manner,  to  all  intents  and  purposes,  as  1 
myself  might,  or  could  do,  were  these  presents  not  executed. 

In  witness,  ttc,  [a*  in  §  126.]        g 


82  NEW  clerk's  assistant. 

§  138.  The  Same,  by  JEndorsement. 

In  consideration  of  the  sum  of  dollars,  to  me  in  liand  paid, 

by  C.  D.,  of,  &c.,  the  receipt  whereof  I  hereby  acknowledge,  I  have 
bargained,  sold,  assigned  and  set  over,  and  by  these  presents  do  bar- 
gain, sell,  assign  and  set  over,  unto  the  said  C.  D.,  his  heirs  and 
assigns,  the  within  contract,  and  all  my  estate,  right,  title,  interest, 
claim,  property  and  demand,  of,  in  and  to,  the  same,  and  the  premi- 
ses therein  described;  subject,  nevertheless,  &c.,  [as  in  §  137,  to 
the  end.} 


§  139.  Assignment   of  Bail  Bond. 
Know  all  men  by  these  presents :  That  I,  A.  P.,  the  Sheriff  within 
named,  do  assign  and  set  over,  to  A.  B.,  the  plaintiff  therein  named, 
at  his  request,  the  within  bail  bond,  or  obligation,  pursuant  to  ihe 
statute  in  such  case  made  and  provided.     Dated  ,  this 

day  of  ,  18       . 

Signed,  sealed  and  delivered,  ) 

in  the  presence  of  )  A.  P.,  Sheriff,  [l.  s.] 

G.  H. 


§  140.  Assignment  of  Partnership  Property  by  one  Partner  to 
another,  to  Close  the  Concern. 

Whereas,  a  copartnership  has  heretofore  existed,  between  A.  B. 
and  C.  D.,  both  of  the  town  of  ,  in  the  county  of  ,  under 

the  firm  name  of  B.  &  D.,  which  said  copartnership  is  hereby  dis- 
solved and  determined: 

Now,  therefore,  this  indenture,  made  this  day  of  ,  in 

the  year  ,  by  and  between  the  said  A.  B.  of  the  one  part,  and 

the  said  C.  D.  of  the  other  part,  witnesseth :  That  the  said  A.  B. 
doth  hereby  sell,  transfer,  assign  and  set  over,  unto  the  said  C.  D., 
his  moiety  of  all  the  stock  in  trade,  goods,  merchandise,  effects  and 
property,  of  every  description,  belonging  to,  or  owned  by,  the  said 
copartnership,  wherever  the  same  may  be ;  together  with  all  debts, 
choses  in  action,  and  sums  of  money,  due  and  owing  to  the  said  firm, 
from  any  and  all  persons  whomsoever,  to  hold  the  same  to  the  said 
C.  D.,  and  his  assigns,  forever,  in  trust,  for  the  following  purposes, 
namely :  That  the  said  C.  D.  shall  sell  and  dispose  of  all  the  goods, 
property,  and  effects,  belonging  to  the  said  firm,  at  such  time  and  in 
such  manner  as  he  may  think  prudent;  and  shall,  with  reasonable 
diligence,  collect  all  the  debts  and  sums  of  money  due  and  owing  to 
the  said  firm ;  and  shall,  out  of  the  proceeds  of  the  said  sales,  and 
witli  the  moneys  thus  collected,  pay  and  discharge  all  the  debts  and 
sums  of  money  now  due  and  owing  from  the  said  firm,  as  far  as  the 
proceeds  of  said  sales,  and  the  sums  of  money  collected,  will  go ;  and 


ASSIGNMENTS.  8S 

after  fully  satisfying  all  demands  against  the  said  firm,  if  there  be 
any  surplus,  shall  pay  over  one  moiety  thereof  to  the  said  A.  B.,  or 
his  representatives. 

And  the  said  A.  B.  doth  hereby  constitute  and  appoint  the  said 
C.  D.,  his  attorney,  irrevocable,  in  his,  the  said  C.  D.'s,  own  name. 
or  in  the  name  of  the  said  firm,  to  demand,  collect,  sue  for  ana 
receive,  any  and  all  debts  and  sums  of  money  due  and  owing  to 
the  said  firm ;  to  institute  and  prosecute  suits  for  the  recovery 
of  the  said  debts,  or  to  compound  the  same,  as  he  may  judge 
most  expedient ;  to  defend  any  and  all  suits  against  the  said  firm ; ' 
to  execute  all  such  discharges,  releases  and  acquittances,  as  may 
be  necessary;  and,  generally,  to  do  all  such  acts  and  things  a? 
may  be  necessary  or  proper,  for  the  full  and  complete  settlement 
of  all  business  and  concerns  of  the  said  copartnership. 
'  And  the  said  C.  D.,  for  himself,  and  liis  heirs,  executors  and 
administrators,  hereby  covenants,  to  and  with  the  said  A.  B.,  and 
his  representatives,  that  he  will  sell  and  dispose  of  all  the  part^ 
nership  property  and  effects,  to  the  best  advantage;  that  he  will 
use  his  best  diligence  and  endeavors  to  collect  all  debts  and  sums 
of  money  due  and  owing  to  the  said  firm;  and  that  he  will  truly 
and  faithfully  apply  the  proceeds  of  said  sale,  and  the  moneys 
collected,  to  the  payment,  discharge  and  satisfaction,  of  all  debts 
and  demands  against  the  said  firm,  as  far  as  the  same  will  go; 
and  after  discharging  all  such  debts,  will  pay  over  to  the  said  A. 
B.,  or  his  representatives,  one  moiety  of  any  surplus  that  may  remain; 
and  further,  that  he  will  keep  a  full  and  accurate  account  of  all 
moneys  received  by  him,  for  goods  sold,  or  debts  collected,  as  well 
as  of  all  moneys  paid  out,  and  will  render  a  just,  true,  and  full 
account  thereof,  to  the  said  A.  B.,  or  his  representatives. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  adminis- 
trators, covenants  to  and  with  the  said  C.  D.,  his  heirs,  &c.,  that 
if  it  shall  be  found  that  the  debts  due  and  owing  from  the  said 
firm  exceed  the  amount  of  moneys  received  from  the  sale  of  the 
said  partnership  property  and  effects,  and  the  debts  collected,  he 
will  pay  unto  the  said  C.  D.,  or  his  assigns,  one  moiety  of  any 
balance  that  may  then  be  found  due  and  owing  from  the  said  firm. 

In  witness,  &c.,  [as  in  §  134.] 


§  141.  Assignment  hj  a  Sheriff,  to  his  Successor  in   Office. 

This  indenture,  made  this  day  of,  &c.,  between  G.  H.  C, 

Esq.,  former  Sheriff  of  the  county  of  ,  of  the  first  part,  and 

A.  P.,  Esq.,  the  present  Sheriff  thereof,  of  the  second  part,  wit- 
nesseth :  That  the  said  G.  H.  C,  the  said  former  Sheriff,  doth,  by 
and  with  these  presents,  deliver  to  the  said  A.  P.,  his  said  successor, 
the  jail  of  the  said  county,  with  its  appurtenances,  with  the  pro- 
perty of  the  said  county  therein,  all  the  prisoners  confined  tlier»- 


84  NEW  clerk's  assistant. 

in,  all  process,  orders,  rules,  commitments,  and  all  other  papers 
and  documents,  in  the  custody  of  the  said  G.  H.  C,  as  former 
Sheriff,  as  aforesaid,  authorizinp-  or  relating;  to  the  confinement  of 
such  prisoners,  and  each  and  every  of  them:  and  in  those  cases 
where  any  such  process  shall  have  been  returned,  a  statement  in 
wridng-  of  the  contents  thereof,  and  when  returned;  all  writs,  sum- 
monses, and  complaints,  to  be  served,  and  all  mesne  process,  and 
all  precepts  and  other  documents  for  summoning  of  a  grand  or 
petit  jury,  now  in  the  hands  of  the  said  G.  H.  C,  Esq.,  and  which 
have  not  yet  been  fully  executed  by  him;  all  executions,  attach- 
ments, and  final  process,  now  in  the  hands  of  the  said  G,  H.  C, 
except  such  as  he  has  executed,  or  has  begun  to  execute,  by  the 
collection  of  money  thereon,  or  by  a  levy  on  property,  in  pursu- 
ance thereof.  The  dehvery  is  made  under  and  in  pursuance  of 
the  Revised  Statutes  in  that  behalf  enacted;  and  the  said  G.  H,- 
C.  doth  also  herein  and  hereby  recite  and  certify  the  property, 
process,  documents  and  prisoners,  delivered,  specifying  herein  the 
process,  or  otlier  authority,  by  which  each  of  those  prisoners  was 
committed  and  is  detained,  and  whether  the  same  be  returned  or 
delivered  to  the  said  A.  P.,  the  said  present  SheriiF,  (who  hath 
on  the  duplicate  hereof,  acknowledged  in  writing,  the  receipt  of 
such  property,  process,  documents  and  prisoners,  herein  specified;) 
that  is  to  say: 

1.  The  property  herewith  delivered  is  as  follows:  filmier  each 
head  give  the  jyarticidars  and  details,  dates,  names  of  parties,  des- 
cription of  process,  courts,  accounts,  <£*c.] 

2.  The  process  herewith  delivered  is  as  follows: 

a.  Tlie  documents  herewith  dehvered  are  as  follows: 
4.  The  prisoners  herewith  delivered  are  as  follows :  [name  them, 
with  the  dates  of  commitment,  offences,  cfcc] 

In  witness  whereof,  as  Avell  the  said  former,  as  the  said  pre- 
sent Sherifi^  have  hereunto  interchangeably  set  their  hands  and 
seals,  the  day  and  year  first  above  written.' 

Sealed  and  delivered  )  G.  H.  C.  [l.  s.] 

in  presence  of         f  A.  P,       [l.  s.] 

C.  D 
E.  F 


§.  142.  Assignment  of  a  Debt,  or  Wages. 

Know  all  men  by  these  presents:  That  I,  A.  B.,  of,  &c.,  foi  and 

in  consideration  of  the  sum  of  dollars,  to  me  paid,  by  C.  D., 

of,  &c.,  the  receipt  whereof  is  hereby  acknowledged,  have  sold,  and 

by  these  presents  do  sell,  assign,  transfer  and  set  over,  unto  the  said 

iTlie  receipt  endorsed   on  the  duplicate,  |  and  prisoners,  specified  in  the  within  instru- 
may  be  as  follows:  "  I   hereby  aclniowleik'e    nient.     Dated,  <fcc. 

Jiat  I  have  received  of  G.  H.  C.,  late  SheritT,  A.  P.,  Sheriff  of  (he  coimty  of       ." 

of,  Ac,  the     properly,  process,   docunienls  |     See,  2  K.  S.  (3d  ed.)  534,  §  87. 


ASSIGNMENTS.  85 

C.  D.,  a  certain  debt  due  me  from  E.  F.,  amounting  to  the  sum  of 
dollars,  for  goods  sold  and  delivered,  [or,  work,  labor  and 
services,]  with  full  power  to  sue  for,  collect  and  discharge,  or  sell  and 
assign  the  same,  in  my  name,  but  at  his  own  costs  and  charges : 
And  I  do  hereby  covenant,  that  the  said  sum  of  dollars,  is 

justly  due  as  aforesaid,  and  that  I  have  not  done,  and  will  not  do, 
any  act  to  hinder,  or  prevent,  the  collection  of  the  same  by  the 
said  C.  D. 

In  witness,  &c.,  [as  in  §  126.] 


§  143.  Assignment  of  Policij  of  Insurance. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  in  the 
annexed  policy  named,  for  and  in  consideration  of  the  sum  of  one 
dollar,  to  me  in  hand  paid  by  C.  D.,  of,  <fec.,  the  receipt  whereof  is 
hereby  acknowledged,  have  sold,  assigned,  transferred  and  set  over, 
and  by  these  presents  do  sell,  assign,  transfer  and  set  over,  unto 
the  said  C.  D.,  the  annexed  pohcy  of  Insurance,  and  all  sum  and 
sums  of  money,  interest,  benefit  and  advantage,  whatsoever,  now 
due,  or  hereafter  to  arise,  or  to  be  had  or  made,  by  virtue  thereof  ; 
to  have  and  to  hold  the  same  unto  the  said  C.  D.  and  his  assigns, 
forever.* 

In  witness,  (KC,  [as  in  §  126.] 

The  above  assignment  is  approved. 

M.  R,  President  \^or,  Secretary] 

of  the  Insurance  Company. 


§.  144.  Assignment  of  Policy,  as  Security. 

Know  all  men,  &c.,  [as  in  §  143  to  the  *,  and  then  add:^  upon 
the  condition,  however,  that  if  a  certain  promissory  note,  for  the  sura 
of  dollars,  bearing  date  the  day  of  ,  given  by 

the  said  A.  B.,  to  the  said  C.  D.,  is  well  and  truly  paid,  according 
to  the  terms  thereof,  then  tliis  assignment  is  to  be  void. 

In  witness,  (fee,  [as  in  §  126;  adding  the  approval  in  §  143, 
if  necessary. '\ 


CHAPTER  VI. 

AUCTIONS. 

PRACTICAL     REMARKS. 

1.  Any  citizen  of  the  State  of  New  York  may  become  an  auc- 
tioneer, and  may  legally  transact  the  business,  and  perform  the 
duties  of  an  auctioneer,  in  the  county  in  Avhich  he  resides,  on  exe- 
cuting, and  depositing  with  the  Comptroller,  within  ten  days  after 
such  execution,  an  approved  bond,  with  two  sufficient  freeholders  as 
his  sureties,  in  the  penalty  of  ten  thousand  dollars ;  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  for  the  pay- 
ment of  the  duties  imposed  by  law,  and  that  shall  accrue  on  all 
sales  made  by  laim ;  and  that  the  bond  shall  be  forfeited,  in  case  the 
obligor  shall  not  render  a  true  and  accurate  account,  semi-annually, 
of  all  goods  sold,  or  struck  off,  by  him.  Such  bond,  if  executed  by 
an  auctioneer  residing  in  a  city,  must  be  taken  and  approved  of  by 
the  Mayor  or  Recorder;  in  other  cases,  by  the  County  Judge  of  the 
county  in  which  the  auctioneer  resides.  The  bond  must  be  renewed 
annually,  on  or  before  the  first  day  of  January.  In  the  city  of  New 
York,  within  ten  days  after  the  execution  of  the  bond,  a  copy 
thereof,  and  of  the  certificate  of  approval,  certified  by  the  officer 
taking  the  same,  must  be  filed  with  the  Clerk  of  the  city  and  county, 
under  a  penalty  of  one  hundred  dollars.' 

2.  In  case  of  the  inability  of  an  auctioneer  to  attend  to  his  duties, 
by  sickness,  by  his  duty  as  a  fireman,  by  reason  of  military  orders, 
or  by  his  necessary  attendance  in  a  court  of  justice,  or  on  account  of 
temporary  absence,  he  may  employ  a  copartner,  or  clerk,  to  act  in 
his  name ;  such  copartner,  or  clerk,  having  previously  taken  an  oath, 
to  be  filed  with  the  Clerk  of  the  county,  fully  and  faithfully  to  per- 
form the  duties  incumbent  on  him  by  the  provisions  of  Title  1,  of 
Chapter  17,  of  Part  I.,  of  the  Revised  Statutes;  which  oath  must 
also  state  the  connection  between  him  and  the  auctioneer." 


»  1  R.  S.  (3d  ed.)  616,  647,  §§  11-18  ;  Laws  of  I     a  1  R.  S.  (3d  ed.)  645, 1  8 ;  Laws  of  1835, 
1838,  chap.  52 ;  Laws  of  1846,  chap.  62.   '  \  chap.  62. 


AUCTIONS.  87 

3.  Auctioneers  are  required  to  make  out  in  "writing  a  semi-annual 
account,  on  the  first  Monday  of  July  and  January,  in  every  year,  in 
which  account  must  be  stated — the  sums  for  which  any  goods  or 
effects  have  been  sold  by  him ;  the  days  on  which  such  sales  were 
made,  and  the  amount  of  each  day's  sale,  designating  those  made  by 
himself  or  in  his  presence,  and  those  made  in  his  absence,  by  a  part- 
ner or  clerk,  and  specifying  the  causes  of  such  absence ;  the  amount 
of  all  private  sales  made  on  commission,  and  the  days  on  which  they 
were  made ;  the  amount  of  duties  chargeable  according  to  law ;  and 
the  amount  of  all  goods  struck  off  but  not  actually  sold.  Such 
account  must  be  verified  by  the  oath  of  the  auctioneer,  before  the 
Mayor  or  Recorder  of  a  city,  or  the  County  Judge  of  the  county, 
and  the  account  exhibited  to  such  officer,  within  twenty  days  after 
the  day  on  which  it  is  dated.  If  any  partner,  or  clerk,  or  other  per- 
son connected  in  business  with  such  auctioneer,  shall  have  made  any 
sales  contained  in  said  account,  the  person  making  such  sale  must 
also  take  and  subscribe  an  oath,  to  be  endorsed  on  the  account,  that 
he  believes  the  same  to  be  just  and  true  in  every  particular;  and 
must  also  set  his  name,  or  initials,  opposite  each  sale  made  by  him.' 

4.  Every  auctioneer,  within  ten  days  after  exhibiting  his  account, 
must  pay  for  the  use  of  the  State,  the  duties  accruing  on  the  sales 
mentioned  therein,  as  follows;  on  all  wines  and  ardent  spirits, 
foreign  or  domestic,  one  dollar  on  every  hundred  dollars ;  on  all  goods, 
wares,  merchandise  and  effects,  imported  from  any  place  beyond  the 
Cape  of  Good  Hope,  fifty  cents ;  and  on  all  other  goods,  wares,  mer- 
chandise and  effects,  which  are  the  production  of  any  foreign  coun- 
try, seventv-five  cents.  The  duties  are  to  be  calculated  on  the  sums 
for  which  the  goods  are  struck  off,  and  are  to  be  paid  by  the  person 
making  the  sale.  Ships  and  vessels,  utensils  of  husbandry,  horses, 
neat  cattle,  hogs  and  sheep,  articles  of  the  growth,  produce,  or  manu- 
facture of  the  United  States,  except  distilled  spirits,  are  exempt 
from  auction  duties.  Goods  and  chattels,  otherwise  liable  to  such 
duties,  are  exempt  from  the  same,  if  they  belong  to  the  United  States, 
or  this  State ;  if  sold  under  any  judgment  or  decree  of  any  court  of 
law  or  equity,  or  under  any  seizure  by  a  public  officer,  on  account 
of  any  forfeiture  or  penalty ;  if  they  belong  to  the  estate  of  a 
deceased  person,  and  are  sold  by  an  executor  or  administrator,  oi 
other  person  duly  authorized ;  if  they  be  the  effects  of  a  bankrupt 
or  insolvent,  and  be  sold  by  his  assignees;  or  if  they  be  goods 
damaged  at  sea,  and  are  sold  within  twenty  days  after  being  landed, 
for  the  benefit  of  the  owners  or  insurers.  But  in  order  to  entitle 
damaged  goods,  or  importations,  to  such  exemption,  a  certificate  of 
the  board  of  Port  Wardens  of  the  port  of  New  York,  stating  that 
the  goods  had  been  examined  by  one  of  the  board  at  a  proper 

1  1  R.  S.  (3J  ed  )  649,  f..50,  5§  31-35  ;  I.awa  of  1835,  chap.  62 ;  Laws  of  1S38,  chap.  52 ; 
Laws  of  1S16,  chap.  C2. 


SS  NEW  clerk's  assistant. 

time,  and  that  they  were  damaged  on  the  voyage,  so  as  to  be  enti- 
tled to  exemption,  and  sold  as  damaged  goods;  and  also  a  state- 
ment, on  oath,  of  the  President,  or  Secretary,  of  the  Marine  Insu- 
rance Company  in  the  city  or  county  of  New  York,  in  which  the 
goods  were  insured,  where  insurance  has  been  made,  stating  the 
fact  of  the  insurance  and  the  amount  insured,  must  be  publicly 
exhibited  at  the  sale,  by  the  auctioneer,  on  the  demand  of  any  Port 
Warden,  or  any  person  interested  in  the  said  goods,  or  the  sale 
thereof 

5.  No  auctioneer  can  demand,  or  receive,  a  higher  compensation 
for  his  services,  than  a  commission  of  two  and  a  half  per  cent,  on  the 
amount  of  any  sales  made  by  him,  imless  in  pursuance  of  a  previous 
afjreement  in  writina;.* 

0.  Where  a  false  return  of  the  amount  of  goods  sold  is  made  by 
an  auctioneer,  he  and  his  sureties  are  liable  to  be  prosecuted  by  the 
Coni])troller,  to  recover  the  duties  unlawfully  withheld.^ 

v.  In  the  city  of  New  York,  public  notice  must  be  given  of  all 
auction  sales,  in  one  or  more  public  newspapers  printed  in  such  city ; 
and  if  the  auctioneer  is  connected  with  any  other  person  or  firm,  his 
name  must  precede,  separately,  the  name  of  such  person,  or  the  title 
of  the  firm.'* 

8.  All  goods,  wares,  and  merchandise,  and  every  species  of  pro- 
perty, except  ships,  vessels,  real  or  leasehold  estate,  exposed  for  sale 
at  auction  in  the  city  of  New  York,  and  struck  ofi'  by  tlie  auctioneer, 
to  the  previous  owner  or  owners,  or  to  any  person  or  persons  bidding 
in  his  or  their  behalf,  or  to  any  fictitious  person  or  persons,  or  in  any 
other  manner  than  as  an  actual  sale  and  purchase,  are  subject,  each 
and  every  time  they  are  so  struck  off,  to  duties,  at  the  rate  of  five 
dollars  on  every  hundred  dollars.  Any  person  offending  against  this 
provision  is  liable  to  a  fine,  not  exceeding  one  hundred  dollars,  or  to 
imprisonment  not  exceeding  one  month,  or  to  both  fine  and  imprison- 
ment. The  semi-annual  report  of  the  auctioneer  must  contain  a  state- 
ment of  all  merchandise  bought  in  by,  or  on  account  of,  the  owners, 
ihe  time  of  sale,  and  the  amount  thereof.^ 


>  1  R.  S.  (3d  ed.)644,  645,  §§  1,3,  4,  5; 
Laws  of  1835,  chap.  62 ;  Laws  of  1843,  chap. 
86;  Laws  of  1816,  chap.  62. 


s  Laws  oflSig,  chap.  399. 
4  1  R.  S.  (3d  ed.)  648,  §  25;  Laws  of  1835 
chap.  62. 


«  1  R.  S.  (3d  ed.)  648,  §  27.  »  Laws  of  1847,  chap.  QAZ. 


AUCTIONS.  89 


FORMS, 


§  145.  Auctioneer's  Bond. 

Know  all  men  by  these  presents :  That  we,  A.  B.,  C.  D.,  and  E. 
F.,  of,  (fee,  are  held  and  firmly  bound  unto  the  people  of  the  State 
of  New  York,  in  the  penal  sum  of  ten  thousand  dollars,  to  be  paid  to 
the  said  people ;  for  which  payment,  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.  Sealed  with  our  seals.  Dated 
the  day  of  ,  A.  D.  18     . 

The  condition  of  this  obligation  is  such,  that  if  the  above  bound  en 
A.  B.  shall  well  and  faithfully  perform  the  duties  of  an  auctioneer, 
in  and  for  the  city  [or,  county]  of  ,  and  pay,  or  cause  to  be 

paid,  the  duties  that  are,  or  shall  be,  imposed  by  law,  and  that  shall 
accrue  on  all  sales  made  by  him,  or  under  his  direction,  as  such 
auctioneer;  and  shall  render  a  true  and  accurate  account  semi- 
annually, of  all  goods  sold  or  struck  off  by  him,  then  the  above 
obligation  shall  be  void ;  else  to  remain  in  full  force  and  virtue. 

Signed  and  sealed,  in  the  )  A.  B.  [l.  s._ 

presence  of  >•  C.  D.  [l.  s." 

G.  H.  )  E.  F.  [l.  s.; 


§  146.   Certificate  of  Officer  Taking  and  Approving  the 
Bond. 
State  of  New  York,  [gg. 
County,  \ 
On  this        day  of        ,18     ,  personally  appeared  before  me,  A. 
B.,   C.  D.,  and  E.  F.,  known  to  me  to  be  the  persons  described  in, 
and  who  executed  the  foregoing  bond,  and   they  acknowledged  that 
they  executed  the  same :  and  I  hereby  certify  that  I  approve  of  the 
smd  bond,  as  sufficient  for  the  purposes  therein  mentioned. 

G.  H.,  Mayor  of  the  city  of        , 
[or.  County  Judge  of  county.] 


§  147.   Certificate  to  Copy. 

State  of  New  Yoik,  )  ^  . 

City  and  County  of  New  York,    j 
I  do  hereby  certify,  that  the  within  [or,  annexed]  is  a  true  copy 
of  a  bond  taken  and  approved  by  me,  according  to  the  statute,  and 
of  the  certificate  endorsed   thereupon   at   the  time  of  such   taking 
and  approval     Dated  the  day  of        ,18     . 

G.  H.,  Mayor  of  said  city  and  county. 


9Q  NEW    CLF.RS.'8    ASSTSTANT. 

§   1-48.    Oath  of  Copartner,  or    Clerk. 
I,  S.  T.,  do  solemnly  and  sincerely  sweai-,  [or,  affirm,]  that  I  am 
'he  copartner  [or,  clerk]  of  A.  B.,  an  auctioneer  duly  authorized  to 
act  as  such,  in  and  for  the  city  [or,  county]  of  ;*  and  that  I 

will  fully  and  faithfully  perform  the  duties  incumbent  on  me  by  the 
provisions  of  Title  1  of  Chapter  17  of  Part  I.  of  the  Revised  Sta- 
tutes of  the  State  of  New  York. 

Taken  and  subscribed  before  me,        )  S.  T 

this  day  of  ,  18     .  j" 

G.  H.,  Mayor,  &c. 


§  149.    Oath  of  Auctioneer  on  Exhibiting  his  Account. 

I,  A.  B.,  do  solemnly  and  sincerely  swear,  [or,  affirm,]  that  the 
account  now  exhibited  by  me,  and  to  which  I  have  subscribed  my 
name,  contains  a  just  and  true  account  of  all  the  goods,  wares,  mer- 
chandise and  effects,  sold  or  struck  oflf,  or  struck  off  and  not  actually 
sold,  or  bought  in  by  me,  at  public  sale,  or  sold  by  me  at  private 
sale  on  commission,  whether  subject  to  duty  or  not,  or  sold,  sti-uck 
off,  or  bought  in,  as  aforesaid,  by  others  in  my  name,  or  undei  my 
direction,  or  for  my  benefit,  within  the  time  mentioned  in  the  within 
account;  and  of  the  days  upon  which  the  same  were  respectively 
sold;  and  that  I  have  attended,  personally,  such  of  the  said  pub- 
lic sales  as  are  not  stated  in  the  said  account  to  have  been  mad(i 
without  my  attendance;  and  that  the  causes  therein  mentioned 
of  my  absence  from  such  sales  as  I  did  not  attend,  are  truly 
stated;  that  I  have  examined  the  entries  of  all  the  sales  men- 
tioned in  said -account,  in  the  book  kept  by  me  for  that  purpose, 
and  fully  believe  tliis  account  to  be  in  all  respects  correct;  and 
further,  that  I  have,  during  the  time  therein  mentioned,  conformed, 
in  all  things,  to  the  true  intent  and  meaning  of  the  laws  regulat- 
ing sales  by  auctioneers,  according  to  the  best  of  my  knowledge, 
information  and  behef.  A.  B. 

Taken,  &c.,  [as  in  §  148.] 

§  150.    Oath  of  Copartner  or  Cleric,  to  be  Endorsed  on  the 
Account. 

I,  S.  T.,  do  solemnly  and  sincerely  swear,  &c.,  [as  in  §  148  to 
the  *,  and  then  add:^  that  I  believe  the  account  of  sales  witliin 
rendered  by  the  said  A.  B.,  to  be  just  and  true  in  every  particu- 
lar; that  the  sales  therein  mentioned,  opposite  to  which  my  name 
is  set,  [or,  my  initials  are  set,]  are  all  the  sales  liable  to  auction 
duties,  public  or  private,  made  by  me  within  the  time  mentioned  in 
«aid  account;  and  that  the  account  of  such  sales  so  therein  stated, 
is  just  and  true;  that  such  sales  were  made  by  me  in  the  absence 
of  said  A.  B.,  who  was  unable  to  attend,  from  the  causes  specified 


ACCTIONS.  •    91 

in  his  account;  and  that  in  all  acts  performed  by  me,  in  behalf 
of  such  auctioneer,  during  the  time  aforesaid,  I  have  endeavored  to 
conform  to  the  true  intent  and  meaning  of  the  laws  regulating  sales 
by  auctioneers. 

Taken,  &c.,  [as  in  §  148.] 

§  151.   Certificate  of  Board  of  Port  Wardens. 
State  of  New  York,  ss : 

We,  the  undersigned,  composing  the  Board  of  Port  Wardens  of 
the  Port  of  New  York,  do  hereby  certify,  that  the  goods  mentioned 
and  described  in  the  annexed  invoice,  part  of  the  cargo  of  the 
brig  Mary  Ann,  on  her  voyage  from  to  ,  which  terminated 

on  the  day  of  ,18        ,  were  duly  examined  by  A.  B., 

one  of  the  undersigned,  at  a  suitable  and  proper  time ;  to  wit :  on 
the  day  of  ,  18        ;  and  that  the  said  goods  were 

damaged  on  the  voyage  aforesaid,  so  as  to  be  entitled  to  exemption 
from  auction  duties,  and  to  be  sold  as  damaged  goods,  according  to 
the  provisions  of  the  statute  in  such  case  made  and  provided. 

Given  under  our  hands,  at  the  Port  of  New  York,  this  day 

of  ,  18      .  A.  B.,      ^ 

C.  D.,      }-  Port  Wardens. 
&c.,  &c., 


§  152.  Affidavit  of  President,  or  Secretary,  of  Insurance 
Company. 

State  of  New  York,  ) 

V  ss  * 
City  and  County  of  New  York,  \ 

(jr.  B.,  being  duly  sworn,  says :  That  he  is  the  President  [or,  Sec- 
retary] of  the  Insurance  Company  in  said  city  and  county ;  and 
that  the  goods  mentioned  and  described  in  the  annexed  invoice,  and 
referred  to  in  the  certificate  of  the  Board  of  Port  Wardens  there- 
unto attached,  were  insured  in  the  said  Company,  by  L.  M.,  the 
owner  [or,  consignee]  thereof,  for  the  sum  of  dollars;  and 

fiarther  says  not. 

Sworn  to,  before  me,  this        )  G.  B. 

day  of         ,  18     .  i" 
G.  H.,  Commissioner  of  Deeds. 


CHAPTER  VII. 

BANKS  AND  COEPORATIONS. 

PRACTICAL    REMARKS. 

1.  The  general  laws  of  this  State,  in  relation  to  turnpike  a>ia 
moneyed  corporations, — their  powers,  privileges,  liabilities,  etc. — mav 
be  found,  in  detail,  in  Chapter  18  of  Part  I.  of  the  Revised  Statutes, 
(  Volume  I.,  p.  710,  et  seq.,  Sd  ed.) 

2.  The  duties  and  liabilities  of  banks,  and  the  authority  of  directors 
to  give  discretionary  powers  to  officers,  in  making  loans  and  discounts, 
are  reviewed  at  length,  in  the  case  of  The  Bank  Commissioners,  vs. 
the  Buffcdo  Banks,  (6  Paige,  499.) 

3.  Chapter  437  of  the  Laws  of  1849,  requires  every  company  or 
association,  including  every  individual  doing  business  alone,  incorpo- 
rated or  organized,  or  doing  business  under  any  law  of  this  state,  to 
pubHsh  annually,  on  or  before  the  first  of  September,  for  six  succes- 
sive weeks,  in  one  public  newspaper,  printed  in  the  county  in  which 
the  company  or  association  ma}'  be  located,  a  true  and  accurate 
statement,  verified  by  the  oath  of  the  cashier,  treasurer,  or  presiding 
officer,  of  all  deposits,  dividends,  and  interest,  unclaimed  for  two 
years  then  next  preceding. 

4.  For  other  special  provisions  in  relation  to  banking  corporations, 
see  Laws  of  1837,  chap.  20;  Id.  chap.  235;  Laws  of  1839,  chap. 
355;  Laws  of  1840,  chap.  18;  Id.,  chap.  202;  Laws  of  1842, 
chap.  247;  Laws  of  1843,  chap.  218;  Laws  of  1845,  chap.  114; 
Laws  of  1847,  chap.  160;  Id.^  chap.  419;  Laws  of  1848,  chap.  344. 

5.  No  special  charter  can  be  granted  for  banking  purposes ;  but 
corporations,  or  associations,  may  be  formed  for  such  purposes  under 
general  laws.  No  law  can  be  passed,  sanctioning  the  suspension  of 
specie  payments  by  any  person,  association,  or  corporation,  issuing 
bank  notes  of  any  description ;  and  in  case  of  the  insolvency  of  any 
bank,  or  banking  association,  the  billholders  will  be  entitled  to  pre- 
ference in  payment  over  all  other  creditors.' 

1  Amended  Conatiiution  of  New  York,  An.  viii.,  §§  4, 5,  8. 


BANKS  AND  CORPORATIONS. 


93 


6.  After  the  first  day  of  January  1850,  the  stockholders  in  every 
corporation,  or  association  for  banking  purposes,  issuing  bank  notes, 
or  paper  credits,  to  circulate  as  money,  will  be  individually  liable,  to 
the  amount  of  their  respective  shares  of  stock,  for  all  debts  and  habi- 
lities  contracted  subsequent  to  that  day.' 

7.  The  General  Banking  Law  is  contained  in  chap.  260,  Laws  of 
1838;  amended  in  chap.  363,  Laws  of  1840;  chap.  46,  Laws  of 
1841;  cliap.  160,  Laws  of  1847;  Id.,  chap.  419;  and  chap.  340, 
Laws  of  1848.  In  the  vokime  of  Session  Laws  for  1841,  at  page 
351,  the  original  law  may  be  found,  as  amended  by  subsequent 
enactments,  together  with  other  statutes  affecting  associations  formed 
under  it.     Associations  formed  under  this  law  are  liable  to  taxation.' 

8.  The  provisions  of  law  applicable  to  religious  incorporations,  are 
contained  in  volume  III.  of  the  Revised  Statutes,  (3d  ed.,)  p.  244, 
et  seq.  The  treasurer  of  e\ery  religious  corporation  singly,  or  the 
trustees  or  persons  entrusted  with  the  care  and  management  of  the 
temporalities  of  a  church,  congregation,  or  religious  society,  already 
iricorporated,  in  the  cities  of  New  York,  Albany,  or  Schenectad}',  or 
a  majority  of  them,  are  required  by  the  act  of  1813,  (section  10,)  to 
exhibit  triennially  to  one  of  the  .Justices  of  tlie  Supreme  Court,  or  a 
Judge  of  the  Court  of  Common  Pleas,  or  County  Judge  of  the  count}' 
in  which  the  church,  congregation,  or  society  is  situated,  an  account 
and  inventory  of  all  the  corporate  estate,  and  of  the  annual  revenue 
arising  therefrom  ;  and  if  this  duty  be  neglected  for  the  space  of  six 
years,  and  if  the  account  and  inventory  are  not  then  exhibited,  and 
the  ceititicate  of  the  officer,  to  whom  the  same  is  presented,  endorsed 
thereupon,  that  the  real  and  personal  estate  of  the  corporation  does 
not,  or  has  not,  for  the  preceding  six  years,  exceeded  the  sum  which 
it  is  entitled  by  law  to  receive,  the  trustees,  or  persons  entrusted  as 
aforesaid,  cease  to  be  a  body  corporate. 

9.  County  Courts  have  the  power  to  permit  the  mortgage  or  sale 
of  the  real  propeity  of  a  religious  corporation,  situated  within  the 
county,  on  the  application  of  such  corporation,  and  to  authorize  the 
appropriation  of  the  proceeds  thereof' 

10.  The  general  law  providing  for  the  incorporation  of  bridge 
companies,  may  be  found  at  chap.  259,  Laws  of  1848. 

11.  The  act  to  authorize  the  formation  of  corporations  for  manu- 
fecturing,  raining,  mechanical  or  chemical  purposes,  is  contained  in 
the  Session  Laws  of  1848,  chap.  40. 

12.  Chap.  319,  Laws  of  1848,  authorizes  the  incorporation  of 
benevolent,  charitable,  scientific  and  mis.'^ionary  societies. 

13.  Under  the  new  Constitution  of  this   State,  no  corporation  ex- 


1  AmcndeJ  Consuimion  of  Now  York,  Art. 
Till.,  §7. 
«22  Wendell,  9;  23  Id.,  103;  1  Hill,  616; 


2  Id.,  241  ;  3  Id.,  3-!0  ;  4  Id.,  442 ;  7  Id  ,  504  ; 
1  Deiiio,  9  ;  2  Id.,  3.Sl). 

3  Laws  of  1S49,  (Code  of  Practice,}  cha% 
438,  §  30,  Bub.  8. 


94 


KEW   clerk's   assistant. 


cept  for  municipal  purposes,  can  be  created  by  special  act,  where 
the  objects  of  the  corporation  can  be  attained  under  a  general  law. 
Hereafter  corporations  may  sue  or  be  sued,  like  natural  persons.' 

14.  After  the  dissolution  of  a  corporation,  the  stock  cannot  be 
transferred  so  as  to  pass  the  title." 

15.  Certificates  of  the  incorporation  of  religious  societies  may  be 
proved,  or  acknowledged, .  before  any  officer  authorized  to  take 
acknowledgments,  or  proofs  of  conveyances  of  real  estate.^ 

16.  Whenever  any  church,  congregation,  or  reUgious  society,  shall 
omit  to  choose  officers,  the  old  officers  may  hold  over  until  others 
ire  chosen,  provided  an  election,  to  supply  such  omission,  be  held 
within  one  year  after  its  occurrence.* 

17.  A  "call"  from  a  Presbyterian  congregation,  drawn  in  the 
manner  prescribed  by  the  discipline  of  that  church,  and  signed  by 
three  elders  and  a  trustee,  does  not  bind  them  to  pay  the  salary,  but 
is  the  act  of  the  congregation.^ 

18.  The  seal  of  a  corporation  maybe  affixed,  or  impressed,  directly 
on  paper,  without  the  use  of  wax  or  a  wafer.* 

1 9.  It  is  not  necessary  that  the  proceedings  of  a  corporation,  at  a 
corporate  meeting,  should  be  authenticated  by  seal.' 


FORMS. 

§  153.  Transfer  of  Stock  in  a  Banh,  Company,  or  Corporation.. 
Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  for  value 
received,  have  bargained,  sold,  assigned  and  transferred,  and  by 
these  presents  do  bargain,  sell,  assign  and  transfer,  unto  C.  D.,  of, 
&c.,  twenty  shares  of  capital  stock,  standing  in  my  name,  on  the 
books  of  the  Bank:  \or,  Company,  as  the  case  may 

he:"]  and  I  do  hereby  constitute  and  appoint  the  said  C.  D.,  my  true 
and  lawful  attorney,  irrevocable,  in  my  name  or  otherwise,  but  to 
his  own  use  and  benefit,  and  at  his  own  costs  and  charges,  to  take 
all  lawful  ways  and  means  for  the  recoveiy  and  enjoyment  thereof 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  ,  A.  D.,  18 
Sealed  and  delivered  )  A.  B.  [l.  s.] 

in  the  presence  of     ) 
G.  H. 


>  Amended  Constitution  of  New  York,  Art. 
riii.,  §§  1-3. 
« 'i  Denio,  574. 
*  Laws  of  1844.  cha]»  158,  H  I,  2. 


*  Laws  of  1844,  chap.  158,  J  3. 
»  6  Hill,  530. 

•  Laws  of  1843,  chap.  197. 

'  1  Barbour's  S.  C.  Rep.,  .584. 


BANKS   AND    CORPORATIONS.  95 

§  154.  Power  to  Transfer. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  ao  here- 
by constitute  and  appoint  E.  F.,  of,'  &c.,  my  true  and  lawful  attor- 
rev,  for  me,  and  in  my  name  and  behalf,  to  sell,  assign  and  trans- 
fer to  C.  D.,  of,  &c.,  the  whole,  or  any  part  of,  one  hundred  shares 
of  capital  stock,  standing  in  my  name,  on  the  books  of  the 
Bank,  \or,  Company,]  and  for  that  purpose  to  make  and  execute  all 
necessary  acts  of  assignment  and  transfer. 

In  witness,  &c.,  \as  in  §  153.] 


§  155.  Proxy. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  (fcc,  do  here- 
by constitute  and  appoint  E.  F.,  of,  &c.,  my  attorney  and  agent,  for 
me,  and  in  my  name,  place  and  stead,  to  vote  as  my  proxy,  at  any 
election  of  directors  of  the  Bank,  [or.  Company,]  accord- 

ing to  the  number  of  votes  I  should  be  entitled  to  vote,  if  then  per- 
sonally present. 

In  witness,  (fee,  [as  in  §  153.] 


§  15G.  Affidavit  of    Stockholder,   to  be  made   before   any  Offi,cer 
authorized  to  administer  Oaths,  and  attached  to  the  Proxy. 

I,  A.  B.,  do  solemnly  and  sincerely  swear,  [or,  affirm,]  that  the 
shares  on  which  my  attorney  and  agent,  in  the  above  proxy,  is  au- 
thorized to  vote,  do  not  belong,  and  are  not  hypothecated  to,  the 
[name  the  corporation  for  which  the  electicm  is  to  be  held;]  and  that 
they  are  not  hypothecated,  or  pledged  to,  any  other  corporation,  or 
person,  whatever ;  that  such  shares  have  not  been  transferred  to  me, 
for  the  purpose  of  enabling  me  to  vote  thereon  at  the  ensuing  elec- 
tion, and  that  I  have  not  contracted  to  sell  or  transfer  them,  upon 
any  condition,  agreement,  or  understanding,  in  relation  to  my  man- 
ner of  voting  at  the  said  election. 

Sworn  to,  this         day  of         ,  )  A.  B. 

18     ,  before  rae,  J 

G.  H.  Commissioner  of  Deeds,  <kc. 


§  157,  Inspector's  Oath. 
I  do  solemnly  swear  [or,  affirm]  that  I  will  execute  the  duties  of 
Rn  Inspector  of  the  election  now  to  be  held,  with  strict  impartiality, 
and  according  to  the  best  of  my  ability. 

Taken  and  subscribed  before  me,  )  L  M. 

this  day  of         ,18       ,\ 

G.  H.,  Jn.<5tice  of  the  Peace. 


OC  NEW  clerk's  assistant. 

§  158.    Oath  of  StocJchoIder  when   Challenged,  to  he  admin- 
istered hy  an  Inspector. 

You  do  swear,  \or,  affirm,]  that  the  shares  on  which  you  now  offer 
to  vote,  do  not  belong,  and  are  not  hypothecated  to,  the  [name  the 
corporation  for  which  the  election  is  held;\  and  that  they  are  not 
hypothecated,  or  pledged  to,  any  other  corporation,  or  person,  what- 
ever; that  such  shares  have  not  been  transferred  to  you,  for  the 
purpose  of  enabling  you  to  vote  thereon,  at  this  election ;  and  that 
you  have  not  contracted  to  sell  or  transfer  them,  upon  any  condition, 
agreement,  or  understanding,  in  relation  to  the  manner  of  voting  at 
this  election. 


§  159.  Oath  of  Proxy  when  Challenged,  to  be  administered 
as  in  §  158- 
You  do  swear,  [or,  affirm,]  that  the  facts  stated  in  tlic  affidavit 
annexed  to  the  proxy,  upon  \^'hich  you  now  offer  to  vote,  are  true, 
according  to  your  belief;  and  that  you  have  made  no  contract  or 
agreement,  whatever,  for  the  purchase  or  transfer  of  the  shares,  or 
any  portion  of  the  shares,  mentioned  in  such  proxy. 


§  IGO.  Affidavit  of  President,  or   Cashier,  to  Statement  of  wn- 
claimed  Dividends  or  Deposits. 
State  of  New  York,  ] 
County,  f 
J.  N.  S.,  of  said  county,  being  duly  sworn,  deposes  and  says, 
that  he  is  the  cashier  [or,  president]  of  the  Bank,  and  that 

the  above  [or,  annexed]  statement  of  dividends  [or,  deposits]  re- 
maining unclaimed  in  the  said  bank  for  the  space  of  two  years 
next  preceding  the  fii'st  day  of  September  instant,  is  in  all  respects 
just  and  true,  according  to  the  best  of  the  knowledge  and  belief 
of  this  deponent.  J.  N.  S. 

Sworn  to,  tfec,  [as  in  §  15G.] 


§161.  Power  to  Receive  Dividend. 
Know  all   men    by  these    presents:    That  I,  A.  B.,  of,  &c.,  do 
authorize,  constitute,  and  appoint,  E.   F.,  of,  cfec,  my  attorney,  to 
receive  from  the  Bank,  [or,  company,]  the  di^'idend  now  due 

on  all  stock  standing  in  my  name  on  the  books  of  the  said  bank,  [or, 
company,]  and  receipt  for  the  same;  hereby  ratifying  and  confirming 
all  that  may  laAvfully  be  done  in  the  premises,  by  virtue  hereof 

Witness  my  hand  and  seal,  this         day  of         ,  18     . 
Signed,  sealed,  and  delivered,^ 
in  presence  of  > 

G.  H.  J  .  A.  B.  [l.  8.] 


BANKS  AND  CORPORATIONS.  Ot 

I  162.    Certificate  of  Association  Formed  under  the  General 
Banking  Law. 
State  of  New  York, )    g. 
County,  j 
We,  whose  names  are  hereunto  annexed,  do  hereby  certify :  That 
we  have  associated  together,  for  the  purpose  of  establishing  an  office 
of  discount,  deposit,  and  circulation ;  that  the  name  assumed  to  dis- 
tinguish such  association,  and  to  be  used  in  its  dealings,  is  "  The 
;"  that  the  operations  of  discount  and  deposit,  of  such 
association,  are  to  be  carried  on  at  the  village  of  ,  in  the  said 

countv;  that  the  amount  of  the  capital  stock  of  the  same  is  two 
hundi-ed  thousand  dollars,  and  is  divided  into  two  thousand  shares; 
and  that  the  following  ai-e  the  names  and  places  of  residence  of  the 
shareholders,  and  tlie  number  of  shares  held  by  each  of  them,  respec- 
tively: A.  B.,  of  ,  one  hundred  shares,  C.  D.,  of  , 
one  hundred  shares;  E.  F.,  of  ,  one  hundred  shares;  <fec.  &c. : 
And  we  do  further  certify,  that  such  association  will  commence  its 
operations  on  the  first  day  of  May  next,  and  that  it  will  terminate  on 
the  first  day  of  May,  in  the  year  18     . 

Witness  our  hands  and  seals,  this  day  of  18     . 

Signed  and  sealed  in  \  A.  B.  [u  s. 

the  presence  of       \  C.  D.  [l.  s. 

S.  T.  E.  F.  [l.  s.; 

«kc.,  <ijc. 


§  163.  Proof  of  the  Execution  of  the  foregoing   Certificate. 

County  ss: 
On  this  day  of  ,18,  personally  appeared  before  me 

8.  T.,  to  me  known,  who  being  by  me  duly  swoi'n,  did  depose  and 
say:  That  he  resided  in  the  town  of  ,  in  said  county;  that  he 

T'as  acquainted  with  A.  B.,  C.  D.,  E.  F.,  &c.,  Sic,  and  knew  them  to 
be  the  persons  who  executed  the  above  certificate;  that  he  was 
present  and  saw  them,  and  each  of  them,  sign,  seal,  and  execute  the 
same,  and  that  they,  each  and  every  of  them,  acknowledged  the 
execution  thereof  to  him:  whereupon  he  became  the  subscribing 
witness  thereto. 

7  G,  II.,  Justice  of  the  Peace. 


98  NEW  clerk's  assistant. 

§  164.    Certificate  of  the  Formation  of  a  Manufacturing  Corpora- 
tion, to  be  Made,  Signed,  and  Acknowledged,  before  any 
Officer  competent  to  take  the  Acknowledgment  of  Ueeds.^ 
Stateof  New  York,  )g. 
County,  ) 
We,  whose  names  are  hereunto  annexed,  do  hereby  certify,  that 
we  have  associated  together  as  a  manufacturing  corporation,  to  con- 
tinue in  existence  till  the  day  of         ,18,  [not  to  exceed  fifty 
years^  for  the  purpose  of  carrying  on,  and  conducting,  the  manufac- 
ture of  glass,  \or,  cotton  and  linen  goods,  tfec,  &c. :]  that  the  coi-po- 
rate  name  of  the  said  company  is  "  The  ;"  that  the  amount 
of  the  capital  stock  thereof  is  one  hundred  thousand  dollars,  and  is 
divided  into  one  thousand  shares;  that  the  number  of  trustees  of  the 
said  company  is  nine ;  and  that  the  following  are  the  names  of  the 
trustees  who  will  manage  its  concerns  for  the  first  year,  to  wit:  A. 
B.,  C.  p.,  E.  F.,  &c.,  &c.     And  we  do  further  certify,  that  the  manu- 
facturing operations  of  the  said  company  will  be  carried  on  at  the 
city  \or,  town]  of            ,  in  the  county  of            ,  aforesaid.     Dated 
this             day  of            ,  18     . 

Signed  and  acknowledged  before  ^  A.  B. 

.     me,  by  the  said  A.  B.,  C.  D.,  C.  D. 

E.  F.,  &c.,  &c.,  each  and  eveiy  \  E.  F. 

of  them,  this  day  of         ,  &c.,  <fec 

18     .  J 

G.  H.,  County  Judge  of  county. 

§  165.   Certificate  of  Incorporation  of  an  Episcopal  Church. 
To  all  whom  these  presents  may  concern :  We,  whose  names  and 
seals  are  affixed  to  this  instrument^  do  hereby  certify,  that  on  the 
day  of  ,  in  the  year  18     ,  the  male  persons  of 

full  age  worshiping  in  the  school  house  of  school  district  number  , 
in  the  town  of  ,  in  the  county  of  ,  and  State  of 

New  York,  [or,  in  their  house  of  public  worship,  in  the  town  of 
,  in  the  county  of  ,  called  St  John's  Church ;  or, 

as  the  fact  may  />e,]  in  which  congregation  divine  worship  is  celebra- 
ted, according  to  the  rites  of  the  Protestant  Episcopal  Church  in  the 
State  of  New  York,  and  which  is  not  already  incorporated,  met  at 
their  place  of  worship,  aforesaid,  for  the  purpose  of  incorporating 
themselves  as  a  religious  society,  iinder  the  acts  of  the  Legislature  of 
the  State  of  New  York,  and  in  pursuance  of  notice  duly  given  to  the 
said  congTCgation,  in  the  time  of  morning  service,  on  two  Sundays 
previous  to  such  meeting,  that  the  male  persons  of  full  age  belonging 
to  said  congregation,  would  meet  at  the  time  and  place  aforesaid,  for 
the  pvirpose  of  incorporating  themselves,  and  of  electmg  two  Church 

>  The  original  must  be  filed  in  the  Clerk's  I  be  carried  on,  and  a  duplicate  in  the  office  of 
office  of  the  county  in  which  the  business  is  to  |  the  Secretary  of  State. 


BANKS  AND  CORPORATIONS.  99 

Wardens  and  eight  Vestrymen :  And  we  further  certify,  that  the 
Reverend  A.  B.,  being  Rector  of  said  Church,  presided  at  the  said 
meeting,  [or,  if  there  be  no  Hector,  say:  there  being  no  Rector  of  the 
said  congregation,  or  church,  the  undersigned,  L.  M.,  was,  by  a  ma- 
jority of  the  said  persons  so  met,  called  to  the  chair,  and  presided  at 
the  sjiid  meeting :]  And  we  further  certify,  that  at  the  said  meeting, 
C.  D.  and  E.  F.  were  duly  elected  Church  Wardens  of  the  said  con- 
gregation and  church,  and  0.  P.,  S.  T.,  &c.,  \iiame  eight  persons,^ 
were  duly  elected  Vestr}'-men;  that  Tuesday  in  Easter 

Week,  \or,  as  the  case  may  be,^  was,  by  the  said  meeting,  fixed  on 
as  the  day  on  which  the  said  offices  of  Church  Wardens  and  Vestry- 
men should  annually  thereafter  cease,  and  their  successors  in  office 
be  chosen ;  and  that  the  said  meeting  determined  and  declared  that 
the  said  church  and  congTegation  should  be  known  in  the  law  by  the 
name  of  "The  Rector,  Church  Wardens,  and  Vestrymen  of  St  John's 
Church,  in  the  town  of  ,  in  the  county  of  ." 

In  testimony  whereof,  we,  the  said  A.  B.,  Rector,  \or,  L.  M.,]  who 
presided  at  the  said  election  of  Wardens  and  Vestrymen,  and  R.  Y. 
and  S.  T.,  who  were  present  and  witnessed  the  proceedings  aforesaid, 
have  hereunto  subscribed  our  names,  and  affixed  our  seals,  this 
day  of  ,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  } 

Signed  and  sealed  )  A.  B.,  Rector,  [l.  s. 

in  presence  of      j        ■  R.  F.  [l.  s." 

G.  H.  S.  T. 


M.  K 


[: 


''Us: 


§  166.   Certificate  of  Incorporation  of  other  Religious  Societies. 
State  of  New  York, 
County, 

We,  the  undersigned,  two  of  the  elders,  [or,  two  of  the  members,] 
of  the  church  [or,  congregation;  or,  rehgious  society]  hereafter 
mentioned,  do  hereby  ceilify,  that  on  the  day  of 

instant,  the  male  persons  of  full  age,  belonging  to  a  church  [or,  con- 
gregation ;  or,  religious  society]  in  which  dinne  worship  is  celebra- 
ted, according  to  the  rites  of  the  church,  and  not  already 
incorporated,  met  at  the  place  of  public  worship  heretofore  occupied 
by  the  said  church,  [or,  as  aforesaid,]  in  the  toAvn  of  ,  in 
said  county,  for  the  purpose  of  incorporating  themselves,  and  did  then 
and  there  electa  by  plurality  of  voices,  A.  B.,  C.  D.,  and  E.  F.,  [not 
less  than  three,  nor  more  than  nine^  as  trustees  of  the  said  churcli, 
[or,  as  aforesaid;']  and  the  said  persons  did  then  and  there  also  de- 
termine by  the  like  plurahty  of  voices,  that  the  said  trustees  and 

J  The  certificate  must  be  acknowledged,  or  [  worship  is  siuialed.     For  ihe  forms,  see  chap-  ' 
proved,  before  a  Justice  of  the  Supreme  Court,    ter  I.,  and  %  1G3,  ante. 
or  Judge  of  the  couuiy  in  which  the  place  of  | 


;.00  NEW  clerk's  assistant. 

their  successors  should  forever  hereafter  be  called  and  known  by  the 
name,  or  title,  of  "  The  Trustees  of  the  ." 

Witness  our  hands  and  seals,  this  day  of  ,  18     .' 

Signed  and  sealed  in  the  )  L.  M.  [l.  s.] 

pi-esence  of  >•  G.  H.  [l.  s.] 

S.  T. 


§  167.   Triennial  Report  of  a  Religious  Corporation. 
To  the  Hon.  J.  W.  E.,  one  of  the  Judges  of  the  Supreme  Court  of 
the  State  of  New  York : 

The  undersigned,  the  Rector,  Church  Wardens,  and  Vestrymen 
of  St.  Mark's  Church,  [or,  the  Trustees  of  the  First  Baptist  Society 
of  ,]  a  religious  corporation,  situate  in  the  city  of  , 

in  the  State  of  New  York,  respectfully  report,  that  the  following  is  a 
faithful,  true,  and  correct  account  and  inventory  of  all  the  estate, 
both  real  and  personal,  belonging  to  said  church  [or,  congregation ; 
or,  society,]  at  the  time  of  the  exhibition  of  this  report,  to  wit: 

One  church  edifice,  and  lot  on  which  the  same  is  situate,  known 
by  the  street  numbers  (57  and  69,  on  street,  in  said  city  of 

,  and  valued  at  dollars. 

One  parsonage  and  lot,  known  as  No.  50  street  in  said 

city  of  ,  and  valued  at  dollars. 

[Insert  here  all  the  parcels  and  items  of  the  real  and  p>ersona.l 
estate.^ 

And  the  undersigned  further  report  that  the  following  is  a  just 
and  correct  account  of  the  annual  revenue  arising  from  the  I'cal  and 
personal  estate  aforesaid,  from  the  '        day  of  ,1847, 

to  the  day  of  ,  1850,  to  wit:    [Insert  here  the  reve- 

nue for  each  year  separately^ 

Dated  at  ,  the  day  of  ,  1850. 

C.  S.  R,  Rector. 


Church  Wardens. 


R.  F., 
J.  R.,    f 
B.  J.,      ■ 

S.  T.,     \  Vestrymen. 
&c.  &c. 
State  of  New  York, 
City  and  County  of  New  York, 

C.  S.  R.,  R.  ¥.,  &c.,  &c.,  being  duly  sworn,  depose  and  say,  and 
each  for  himself  deposeth  and  saith,  that  he  has  read  [or,  heard 
read]  the  foregoing  report  by  him  signed,  and  that  the  same  is  in 
all  i-espects  faithful,  just  and  true,  to  the  best  of  his  knowledge  and 
Delief. 

Sworn  [or,  affirmed]  to,  tliis  day  )  C.  S.  R, 

»f  ,18,  before  me,  j  &c.  <fec. 

J.  W.  E.,  Judge  of  the  Supreme  Comt. 

1  For  form  of  a  certificate  of  ackno-  '  -  l-jment,  see  chapter  I.,  and  5  163,  ante. 


BANKS    AND    CORPORATIONS.  101 

§  168.  Application  for  permission  to  Mortgage  or  Sell  the  Real 
Estate  of  a  Religions  Corporation. 
To  the  County  Court  of  County : 

The  undersigned,  trustees  of  the  Society  of  the  to-mi  of 

,  in  said  county,  \or,  as  the  style  or  name  of  the  corporation 

may  ie,]  resp'-ctfully  represent,  that  [here  state  concisely  the  reasons 

for  making  the  application,  and  tJie  manner  in   which  the  proceeds 

are  intended  to  he  app)roj)riated.J 

Whei-efore,  the  undersigned  request  that  an  order  may  be  made 
and  entered  by  this  honorable  court,  authorizing  tliem  to  mortgage 
[or,  sell]  the  property  aforesaid,  upon  the  temis  and  in  the  manner 
aforesaid,  and  that  the  proceeds  of  such  mortgage  [or,  sale]  may  be 
appropriated  as  above  specified. 

Dated  at  ,  the  day  of  ,1850. 

r<T\'     (  Trustees  of  the  Society 

i'    i'      (  of  the  town  of 

&C.  (EC.    j 

State  of  New  York,  ) 

n      ^     <  ss : 
County,  ^ 

A.  B.,  C.  D.,  <fcc.,  &c.,  being  duly  sworn,  depose  and  say,  and  each 
for  himself  deposeth  and  saith,  that  he  has  read  [or,  heard  read]  the 
foregoing  application  by  liim  signed,  and  that  the  facts  and  circum- 
stances therein  stated  and  set  forth  are  just  and  true,  to  the  best  of 
his  knowledge,  information  and  behef. 

Sworn  [or,  affirmed]  to,  this  day  [  '  A.  B. 

of  1850,  before  me,  j  C.  D. 

J.  P.  H.,  County  Judge.  &c.  &c 


§  169.    Order  of  the  County  Court. 
State  cf  New  York, 
County, 

At  a   County  Court,  held  at  ,  in  and   for   said 

county,  on  the  day  of  ,18        :     Present,  S.  P., 

Esq.,  County  Judge. 
Application  having  been  made  by  the  trustees  of  the 
Society  of  the  town  of  ,  in  said  county,  in  due  form  of  law, 

for  permission  to  mortgage  [or,  sell]  all  that  [describe  the  property] 
belonging  to  the  said  Society,  and  to  apply  the  proceeds  to  the  [as 
in  the  application;]  on  motion  of  Mr.  A.  B.,  of  counsel  for  the  appli- 
cants, it  is  hereby  ordered,  that  the  said  trustees  of  the  Soci- 
ety of  the  town  of  ,  be  authorized  to  mortgage  [or,  sell] 
the  real  estate  aforesaid,  and  to  appropriate  the  proceeds  to  the  [oi 
ordered  by  the  Court.] 

L  M.,  County  Clerk 


CHAPTER    VIII. 

BILLS  OF  EXCHANGE  AND  PROMISSORY 
NOTES. 

PRACTICAL     REMARKS. 

1.  A  bill  of  exchange  is  a  -wiitten  order,  or  request,  made  by  one 
person  to  another,  for  the  payment  of  money.  It  should  not  be 
drawn  payable  out  of  a  particular  fund,  but  must  be  for  money  abso- 
lutely. Bank  checks  are  bills  of  exchange ;  so  also  an  endorsement, 
payable  to  order,  on  a  note  or  bond,  is  a  bill  of  exchange.' 

2.  A  written  order,  or  request,  addressed  by  one  person  to  another, 
for  the  payment  of  a  specified  sum,  to  a  third  person,  absolutely,  is  a 
bill  of  exchange,  and  the  acceptance  of  it  must  be  in  writing." 

3.  Bills  of  exchange  must  be  presented  for  acceptance,  witliin  a 
reasonable  time.  If  the  drawee  destroy  a  bill  presented  for  accept- 
ance, or  refuse  to  return  it  for  twenty-foiu-  hours,  he  will  be  deemed 
to  have  accepted  it.^ 

4.  Damages  are  allowed,  and  required  to  be  paid,  upon  the  iisual 
protest  for  non-payment,  or  non-acceptance,  of  bills  of  exchange, 
drawn  or  negotiated  in  this  State,  at  and  after  the  following  rates : 
If  the  bill  be  drawn  upon  any  person,  or  persons,  in  either  of  the 
States  of  Maine,  New  Hampsliire,  Vermont,  Massachusetts,  Rhode 
Island,  Connecticut,  New  Jersey,  Pennsylvania,  Ohio,  Delaware, 
Maryland,  or  Virginia,  or  in  the  District  of  Columbia,  three  dollars 
per  hundred  dollars,  upon  the  principal  sum  of  the  bill ;  if  upon  any 
person,  or  persons,  in  either  of  the  States  of  North  Carolina,  South 
Carolina,  Georgia,  Kentucky,  or  Tennessee,  five  dollars  per  hundred; 
if  upon  any  person,  or  persons,  at  any  other  place  in  the  United 
States,  (Territories  included,)  or  on,  or  adjacent  to,  this  continent, 
north  of  the  equator,  or  in  any  British  or  other  foreign  possessions  in 
the  West  Indies,  or  elsewhere  in  the  Western  Atlantic  ocean,  ten 
dollars  per  hundred ;  and  if  upon  any  person,  or  persons,  in  any  port 
or  place  in  Europe,  ten  dollars  per  hundred.  Such  damages  will  be 
in  lieu  of  interest,  charges  of  protest,  and  all  o'her  charges  incuired 

'  9  Johnson,  2591  6  Cowen,  491;  7  Id.,  174;  I  »  2  K.  S.  (3d  ed.)  53,  5  11;  6  Cowen,  16i;  7 
I  Wcnilell,  5'-2.  Id.,  70j. 

«  7  Hill.  577 


BILLS    AND   NOTBS.  10$ 

previous  to,  and  at  the  time  of  giving  notice  of  non-payment  or  non- 
acceptance  ;  but  the  holder  will  be  entitled  to  interest  on  the  aggre- 
(rnte  amount  of  tlie  principal  sum  and  damages,  from  the  time  of  the 
piotest  for  non-acceptance  or  non-payment.  There  is  no  reference 
to  the  rate  of  exchange,  in  ascertaining  such  damages,  when  the  bill 
''s  payable  in  the  money  of  the  United  States;  otherwise,  if  payable 
m  the  money  of  account,  or  currency,  of  any  foreign  country.' 

5.  A  negotiable  bill  of  exchange,  or  promissory  note,  must  be  for 
R  fixed  sum  payable  in  money ;  and  the  time  fixed  for  the  payment 
must  be  such  as  will  certainly  come,  though  it  may  depend  on  a 
contingency.^ 

6.  No  precise  form  of  words  is  necessary  to  constitute  a  valid  pro- 
missury  note.  A  promise  *  to  account  for  a  certain  sum,  or  ?n 
acknowledgment  of  indebtedness  for  value  received,  is  sufficient 
Any  thing  valuable  is  a  good  consideration  for  the  promise,  or  ack- 
nowledgment.' 

7.  A  note  commencing,  "  I  promise  to  pay,  &,c.,"  and  signed  by 
two  parties,  is  joint  and  several;  so  also,  Avhere  one  signs  a  note  as 
surety  for  another. 

is.  A  promissory  note  given  by  an  infant,  even  for  necessaries,  is 
void." 

9.  A  guaranty  of  the  collection  of  a  promissory  note,  without 
expressing  any  consideration,  is  void ;  otherwise,  with  a  guaranty  of 
payment,  if  there  be  in  fact  a  new  and  distinct  consideration,  though 
not  expressed.'' 

10.  A  general  guaranty  of  payment,  upon  a  note  payable  to 
bearer,  as,  "  I  guaranty  the  payment  of  the  witliin  note,"  is,  in  law, 
a  general  endoisement  of  the  note,  and  any  subsequent  holder  may 
recover  of  the  guarantor,  on  proof  of  demand  and  notice.^ 

11.  A  party  may  become  an  endorser  of  a  bill,  or  note,  by  any 
mark,  whether  his  initials,  or  other  figure  or  sign,  if  it  be  substituted 
for  his  name,  and  he  intend  to  be  bound  by  it.' 

12.  The  endorsement  of  a  bill,  or  note,  in  blank,  is  a  mere  agree- 
ment to  pay,  on  the  usual  conditions  of  demand  and  notice.* 

1 3.  If  a  note  be  made  payable  to  the  order  of  several  persons, 
not  copartners,  it  must  be  endorsed  by  each  person.  If  an  endorser 
wishes  to  free  himself  from  all  liability,  the  words,  "  without  recourse,'* 
should  be  written  before  his  name. 

14.  Where  cross  notes  are  given,  each  holder  is  a  purchaser  for 
value,  and  has  the  same  rights  as  the  payee  of  an  ordinary  note.' 

15.  Bills,  or  promissory  notes,  negotiable  or  otherwise,  paysible  at 
a  certain  day ;  as,  so  long  after  date,  after  demand,  or  on  any  other 


1  2  R.  S.  (3.1  ed.)  54,  55,  M  18-23. 

=  3  l>piiio,428. 

3  5  Joliiisoii,  2:J7;  2  Cowcn  530;  lOWcniioll, 
r)75;  1  Hill.  256;  7  Id.,  253;  3  Uuibour's  S 
C.  Rep.,  374. 

«  lU  Jcilinson,  141;  Kl..  .349.  i        »  2  Vciiio,  621;  3  Id.,  \S: 

»  15  VVeiidt'l,  313;  24  Id..  3o;  26  Id..  425;  2  | 


Barbours  S.    C     Rep..  51;  .5_  Demo,  481;  i 
Cuinslock,  '-2.");  Id.,  i"),::;  I>1.,  553. 

0  4  Iliil,  12";  0  1  I.,  G:;.i. 

7  0  Mill,  •!  13;   1  D'-iii'...  ;71.      , 

»;  liill.  iH>:  I  Hfiiin 


104  NEW  clerk's  assistant. 

particiJar  day  mentioned  m  the  note,  are  not  payable  until  the  third 
day  after  the  day  expressed  for  the  payment.  These  three  days  are 
called  "days  of  grace,"  and  no  action  can  be  brought  on  a  note  until 
after  they  have  expired.' 

16.  New  Year's  day,  the  fourth  day  of  July,  Chtistmas  day,  and 
Thanksgi\'iiig  day,  arc  to  be  treated  and  considered  as  Sunday,  in 
New  York,  for  all  pui-poses  whatsoever,  as  regards  the  presenting 
for  payment  or  acceptance,  and  the  protesting  and  givmg  notice  of 
di.shonor,  of  bills  of  exchange,  bank  checks,  and  promissory  notes, 
made  or  drawn  after  the  Vth  day  of  April,  1849." 

1 7.  Bills,  or  notes,  payable  on  demand,  given  due,  or  on  the  face 
of  which  there  is  no  time  of  payment  expressed,  are  immediately 
due,  without  grace.^ 

1 8.  A  note  payable  in  specific  articles,  "  when  called  for,"  or  without 
mentioning  any  time  for  the  payment,  is  payable  on  demand,  at  the 
place  where  the  articles  are  sold,  or  manufactured,  by  the  maker; 
but  demand  must  be  made  witliin  reasonable  hours.^ 

1 9.  In  order  to  hold  an  endorser  liable,  a  demand  of  payment  on 
bills,  or  notes,  must  be  made  on  the  third  day  of  grace.  If  the  third 
day  falls  on  Sunday,  or  on  any  great  holiday,  demand  must  be  made 
on  Saturday,  or  the  day  preceding  the  holiday.  The  demand  must 
be  made  at  the  place  of  business  of  the  maker,  or  acceptor,  within 
business  houre,  or  at  the  place  of  payment,  where  it  is  specified.  If 
the  party  has  absconded,  no  demand  is  necessary ;  and  where  he  has 
no  place  of  business,  it  may  be  made  at  his  dwelhng-house.  It  is 
competent  for  any  person,  who  has  arrived  at  years  of  discretion, 
though  not  a  Notary,  to  make  the  demand,  if  authorized  by  the 
holder.  An  endorsed  note,  payable  on  demand,  must  be  presented 
within  a  reasonable  time.  In  Massachusetts,  sixty  days  has  been 
held  reasonable.^ 

20.  Where  a  note,  not  payable  at  any  particular  place,  is  made 
and  endorsed  in  New  York,  and  both  the  maker  and  endorser  reside 
in  a  foreign  country,  it  must  be  duly  presented  to  the  maker,  if  the 
place  of  his  residence  be  known,  and  notice  given  to  the  endorser, 
in  order  to  charge  the  latter.* 

21.  A  person  becoming-  surety  on  a  note,  must  be  treated  and 
charged  as  an  endorser.' 

22.  An  endorser  may  waive  demand  and  notice  before  maturity 
of  the  bill  or  note  ^^idorsed,  without  any  consideration  for  such 
waiver.* 

23.  The  dating  of  a  promissory  note  at  a  particulai-  place  does  not 
make  that  the  place  of  payment,  and  authorize  a  demand  to  be  made 
there  to  charge  the  endors(;r ;  though  it  is  presumptive  evidence  that 
the  place  mentioned  is  the  residence  of  the  maker.* 

iSCowen,  203.  I      »  1  Barbour's  S.  C.  Rep.,  158  ;  1  Constock, 

2  Laws  oC  1849,  chap.  261.  321. 

3  S  Johnson,  189  ,  Id.,  374  ;  3  Denio,  12.  1      '7  Hill,  416. 

«  2  Denio,  145  *  ^  Comslock,  186. 

»  4  Hill,  129.  I     '  3  Demo,  145. 


BILLS    AND    NOTES. 


105 


24.  Where  a  note  is  assigned  after  maturity,  the  assignee  taies  it 
subject  to  all  equities  and  set-oflfs,  between  the  assignor  and  the 
maker.' 

25.  One  who  makes  or  endorses  an  accommodation  note  is  a  surety 
for  the  party  accommodated,  and  the  latter  is  liable  to  refund  the 
costs  of  a  suit  for  collection  brought  against  such  maker  or  endorser.' 

26.  In  all  cases  where  notice  of  non-acceptance,  or  non-payment, 
of  a  bill  or  note,  or  other  negotiable  instrument,  may  be  giren  by 
mail,  it  will  be  sufficient  if  such  notice  be  directed  to  the  city,  or 
town,  where  the  person  sought  to  be  charged  resided,  at  the  time  of 
making,  drawing,  or  endorsing  the  same,  unless  at  the  time  of  such 
making,  dramng,  or  endorsing,  he  shall  specify  thereon  the  post 
office  to  which  he  may  require  the  notice  to  be  addressed.^ 

27.  A  notice  of  protest  should  be  sent  to  the  post  office  at  which 
the  pei-son  to  whom  it  is  directed  is  accustomed  to  get  his  letters, 
where  his  address  is  not  endorsed  on  the  bdl  or  note.'' 

28.  No  precise  form  of  words  is  necessary  to  constitute  a  sufficient 
notice  of  protest.  The  identity  of  the  note,  and  the  fact  of  the 
demand  and  non-payment,  must  be  brought  home  to  the  party 
sought  to  be  charged,  and  the  notice  may  be  either  oral  or  Avritten.* 

29.  The  certificate  of  the  Notary  need  not  state,  by  whom  the 
service  of  notice,  and  deposit  in  the  post  office,  was  made.' 

30.  A  sealed  note  is  a  specialty,  and  is  not  barred  by  the  statute 
of  limitations. 


FORMS. 

§  170.  Bill  of  Exchange? 

^-^^9-  Buffalo,  May  1,  1845. 

Thn-ty  days  after  sight,  pay  to  the  order  of  Messrs.  B.  M  &  Ca 
two  thousand  dollars,  and  charge  the  same  to  account  of 

A  B 

To  Messrs.  T.  R  &  Co.,  New  York. 


>  11  Wendell,  404. 
a  3  Barbour's  S.  C.  Rep    634. 
«  2  R  S.  (3d  ed.)  55,  f  ik ;    Laws  of  1835, 
chap  141.  ' 

♦  4  Barbour's  S.  C  Ren.,  324, 

*  1  Comstock,  413. 


•  7  Hill,  444. 

'  The  usual  form  of  accepting,  is  to  write 
the  word  "  Accepted,"  with  the  name  of  the 
acceptor,  across  the  face,  or  on  the  back  of 
the  bill  or  draft. 


106  NEW  clerk's  assistant. 

§  171.  ^  Set  of  Bills. 

No.  139.  — Ex.  £250  stg.  New  York,  May  1,  1845. 

Thirty  days  after  sight  of  this,  my  first  of  exchange,  (second  and 
iliird  unpaid,)  pay  to  Messrs.  G.  W.  &  Co.,  or  order,  two  hundred 
and  fifty  pounds  sterling,  value  received,  and  charge  the  same  to 
account  of  A.  B. 

To  Messrs.  T.  W.  &  Co.,  London. 

No.  139.  —  Ex.  £250  stg.  New  York,  May  1,  1845. 

Thirty  days  after  sight  of  this,  my  second  of  exchange,  (first  and 
third  unpaid,)  pay  to  Messrs.  G.  W.  <fe  Co.,  or  order,  two  hundred 
and  fifty  pounds  sterling,  value  received,  and  charge  the  same  to 
account  of  A.  B. 

To  Messrs.  T.  W.  &  Co.,  London. 

No.  139.  — Ex.  £250  stg.  New  York,  May  1,  1845. 

Thirty  days  after  sight  of  this,  my  third  of  exchange,  (first  and 
second  unpaid,)  pay  to  Messrs.  G.  W.  &  Co.,  or  order,  two  hundred 
and  fifty  pounds  sterling,  value  received,  and  charge  the  same  to 
account  of  A.  B. 

To  Messrs.  T.  W.  &  Co.,  London. 


§  172.  Promissory  Note,  Negotiable} 
$100.     Thirty  days  after  date,  I  promise  to  pay  C.  D.,  or  bearer, 
I  or,  order,]  one  hundred  dollars,  for  value  received. 


Albany,  May  1,  1847. 


A.  B. 


§  173.   The  Same,  Joint  and  Several. 

$200.  Ninety  days  from  date,  for  value  received,  we,  or  either 
of  us,  promise  to  pay  C.  D.,  or  bearer,  [or,  order,]  two  hundred 
dollars.  A.  B. 

Albany,  May  1,  1847.  E.  F. 


§  174.  Note,  not  Negotiable. 
$50.     Three  months  after  date,  I  promise  to  pay  C.  D.  fifty  dol 
lars,  for  value  received. 

A.  B. 
Albany,  May  1,  1847. 


1  Where  a  note  is  to  be  on  interest,  the  words,  1  interest,  where  none  ia  mentioned,  is,  that 
"with  inieresl."  may  be  added  to  this  and  the  notes  on  time  draw  interest  after  due,  and 
following  forms.    The  rule  of  law  in  regard  to    notes  on  demand,  after  the  demand  be  made 


BILLS    AND   NOTES.  107 

§  175.  Note,  Payable  on  Demand. 
$50.     On  demand,  I  promise  to  pay  C.  D.,  or  bearer,  \or,  order,"] 
fifty  dollars,  for  value  received. 

A.B. 
■* Albany,  May  1,  1847. 


§  176.  Note,  Payable  at  Bank. 

$500.  Sixty  days  after  date,  for  value  received,  I  promise  to  pay 
C.  D.,  or  order,  five  himdred  dollars,  at  the  Mechanics'  and  Farm- 
ers' Bank 

Albany,  May  1,  1847.  A.  B. 


§  177.  Note,  Payable  by  Instalments. 

$500.  For  value  received,  I  promise  to  pay  C.  D.,  or  bearer,  [or. 
Order,]  five  hundi-ed  dollars,  in  the  following  manner:  one  hundred 
dollars  in  three  months,  one  hundred  dollars  in  six  months,  one  hun- 
dred dollars  in  one  year,  and  tAvo  hundred  dollars  in  two  years  from 
date,  with  interest  on  the  several  sums,  as  they  become  due,  [or, 
with  annual  interest]  A.  B. 

Albany,  May  1,  1847. 


§  178..  Note,  Payable  in  Specific  Articles. 
$50.     One  year  after  date,  for  value  received,  I  promise  to  pay 
C.  D.,  or  bearer,  [or,  order,]  fifty  doUars,  in  second  quaUty  pine  lum- 
ber, at  the  current  price. 

A.B. 
Albany,  May  1,  1847. 


§  l79.  Memorandum  Note  for  Money  Lent. 
$100.     Borrowed  of  C.  D.,  one  hundred  dollars,  payable  on  de- 
mand. 

A.B. 
Albany,  May  1,  1847. 


§  180.  Note,  with  Surety. 
$100.     One  year  from  date,  I  promise  to  pay  E.  F.,  or  bearer, 
[or,  order,]  one  hundi-ed  doUars,  for  value  received. 

A.  B. 

C.   p.,   Surety, 
Albany,  May  1,  1847 


108  NEW  clerk's  assistant. 

*  §  181.  Due  Bill,  Payable  in  Goods. 

Due  C  D.,  or  bearer,  ten  dollars  in  goods,  for  value  received, 
payable  on  demand. 

A.  B. 
Albany,  May  1,  1847  « 


§  182.   Order  for  Goods. 
Mr.  A.  B. :  Please  pay  E.  F.,  or  bearer,  ten  doUai-s  in  merchan- 
dise, and  charge  the  same  to  the  account  of 

CD. 
Albany,  May  1,  1847. 

§  183.  The  Same,  in  another  Form. 
Mr.  A.  B. :  Please  deliver  to  E.  F.,  such  goods  as  he  may  want, 
amount  not  to  exceed  twenty  dollars,  and  charge  the  same  to  the 
account  of 

CD. 
Albany,  May  1,  1847. 


§  184.   Order  for  Money. 
Mr.  A.  B. :  Please  pay  E.  F.,  or  bearer,  fifty  dollars,  and  charge 
the  same  to  the  accoimt  of 

Albany,  May  1,  1847.  C.  D. 


§  185.   Guaranty  of  Payment,  to  be  Endorsed  on  Note. 
Pay  to  the  bearer,  and,  \the  foregoing  words  are   necessary,  only 
when  the  note  is  payable  to  order,^  for  value  received,  I  guaranty  the 
payment  of  the  within  note. 

CD. 
May  1,  1845. 

§  186.   Guaranty  of  Collection. 
For  value  received,  I  guaranty  the  collection  of  the  within  note. 

CD. 
May  1,  1845. 

§  187.  Protest  of  Bill  for  Non- Acceptance. 
United  States  of  America,  ) 
State  of  New  York,       f^^' 

On  the  day  of  ,  18     ,  at  the  request  of  A.  B.,  \in- 

sert  the  name  of  the  holder,  or  endorser,  or  endorsee,'^  I,  J.  N.  S., 
a  Notary  Pubhc,  duly  admitted  ■  and  sworn,  dwelling  in  the  city  of 


BILLS  AND  NOTES.  109 

Auburn,  in  the  State  aforesaid,  did  present  tlie  original  bill  of  ex- 
change, hereunto  annexed,  to  E.  F.,  the  drawee  therein  named,  for 
acceptance,  who  refused  to  accept  the  same :  Whereupon  I,  the  said 
Notary,  at  the  request  aforesaid,  did  protest,  and  by  these  presents 
do  publicly  and  solemnly  protest,  as  well  against  the  drawee,  [add, 
and  endorsers,  ifiiecessari/,]  of  the  said  bill,  as  against  all  others 
whom  it  doth  or  may  concern,  for  exchange,  re-exchange,  and  all 
costs,  damages,  and  interest,  already  incurred,  and  to  be  hereafter 
incurred,  for  want  of  acceptance  of  the  same.  [  Vari/  as  in  the  fol- 
loiving form,  if  necessaryj\ 

Thus  done  and  protested,  in  the  city  of  Auburn  aforesaid. 
In  testimonium  veritatis, 

[l.  s.]  J.  N.  S.,  Notary  Public. 


§  188.  Protest  of  Bill,  or  Note,  for  Non-Payment. 
United  States  of  America,  \^ 

State  of  New  York,        \ 

On  the  day  of  ,  18     ,  at  the  request  of  A.  B.,  [m- 

sert  the  name  of  the  holder,  endorser,  endorsee,  or  cashier,^  I,  J. 
N.  S.,  a  Notary  Public,  duly  admitted  and  sworn,  dwelling  in  the 
of  ,  in  the  State  aforesaid,  did  present  the  originjil 

bill  of  exchange,  [or,  note,]  hereunto  annexed,  to  E.  F.,  the  acceptor 
[or,  maker]  of  the  said  bill,  [or,  note,]  and  demanded  payment,  who 
refused  to  pay  the  same:  [or,  did  present  the  original  note  [or, 
check,]  hereunto  annexed,  at  the  Bank,  where  the  same  is  made 

payable,  [or,  at  the  place  of  business  of  E.  F.,  the  acceptor  [or,  ma- 
ker] of  the  sfiid  bill,  [or,  note,]  he  being  absent  therefrom,  [or,  at  the 
dwelling-house  of  E.  F.,  &c.,  his  place  of  business  being  closed,  and 
he  being  absent  from  his  stiid  dwelling-house,]  and  demanded  pay- 
ment of  the  same,  wliich  was  refused:]  [or,  did  make  diligent  inquiry 
for  the  said  E.  F.,  and  his  place  of  business,  or  dwelling-house,  in 
the  said         of  ,  where  the  stiid  bill  [or,  note]  was  made  jiayable, 

[or,  purported  to  be  drawn,]  but  was  imable  to  tind  the  said  E.  F., 
or  his  place  of  business,  or  dAvelling-house,  in  said  ,  in  order  to 

demand  payment  of  the  said  bill  [or,  note :]  Whereupon  1,  the  sjiid 
Notary  Pubhc,  at  the  request  aforesaid,  did  protest,  and  by  these 
presents  do  solemnly  and  publicly  protest,  as  well  against  the  drawer 
and  endorsers  of  the  said  bill,  [or,  note;  or,  check,]  as  against  all 
othere  wh(im  it  doth  or  may  concern,  for  exchange,  re-cxehange,  and 
all  costs,  damages,  and  interest,  already  incurred,  and  to  be  hercjifter 
incurred,  for  want  of  payment  of  the  same. 

Thus  done  and  protested  in  the  of  aforesaid. 

In  testimonium  veritatis, 

[l.  s.]  J.  N.  S.,  Notary  Publia 


110  NEvr  clerk's  assistant. 

§  189.  Notice  of  Protest  for  Non-Acceptance. 
Mr  A.  B. :  Sir— You  will  take  notice,  that  your  bill  for  $2,000, 
at  thirty  days  from  sight,  dated  May  1,  1847,  drawn  on  C.  D.,  has 
this  day  been  protested  for  non-acceptance.     Dated  Auburn,  Maj 
5,  1847. 

Yours,  &c.  J.  N.  S.,  Notary  Public. 


§  190.  Notice  of  Protest  for  Non-Paymeni. 
Mr  A.  B. :  Sir — You  will  take  notice,  that  your  bill  for  82,000,  at 
thirty  days  from  sight,  dated  May  1,  1847,  drawn  on  and  accepted 
by  6.  D.,  has  this  day  been  protested  for  non-payment:  [or,  that 
the  bill  of  A.  B.  for  |2,000,  at  thirty  days  from  sight,  dated  May  1, 
1847,  endorsed  by  you,  \or,  by  A.  B.,  E.  F.,  &c.,  &c.,]  and  drawn 
on  and  accepted  by  C.  D.,  has,  &c.,  as  above;  or,  that  the  note  of 
A.  B.  for  81,000,  dated  May  1,  1847,  payable  at  the  Bank, 

sixty  days  after  date,  and  endorsed  by  E.  F.  and  G.  H.,  has,  &c.,  as 
above:]     Dated  ,  July  3,  1847. 

Yours,  (fee,  J.  N.  S.,  Notary  Public 


§  191.   Certificate  of  Service  of  Notice. 
United  States  of  America,  ) 
State  of  New  York,       [ 
I,  C.  H.  M.,  a  Notary  Pubhc,  duly  admitted  and  sworn,  dwelling 
in  the  of  ,  do  hereby  certify,  that  on  the  day  of 

,18  ,  notice  of  the  protest  of  the  before  mentioned  bill,  [or, 
note ;  or,  check,]  Avas  served  upon  C.  D.,  the  drawer  of  the  said  bill, 
[or,  G.  H.,  S.  T.,  and  L.  M.,  the  several  endorsers  of  the  said  note,] 
personally,  \or,  by  letters,  respectively  addressed  to  them  at  their 
reputed  places  of  residence,  and  the  post  offices  nearest  thereto,  and 
deposited  in  the  post  office  in  the  of  ,  aforesaid.] 

In  testimonium  veritatis, 
[l.  s.]  C.  H.  M.,  Notary  Public 


§  192.   General  Form  of  a  Notarial  Certificate. 
United  States  of  America,  ) 

State  of  New  York,       )  ^^ " 
By  this  public  instrument  be  it  known,  to  all  whom  the  same  doth 
or  may  in  any  wise  concern:  That  I,  A.  B.,  a  Public  Notary  in  and 
for  the  State  of  New  York,  by  letters  patent,  under  the  great  seal  of 


BILLS  AND  NOTES.  Ill 

said  State,  duly  commissioned  and  swom,  dwelling  in  the  city  of 
New  York,  do  hereby  certify,  that  [state  the  subject  matter  of  the 
certiAcate.^ 

In  testimony  whereof,  I  have  subscribed  my  name,  and 
[l.  s.]     caused  my  notarial  seal  of  office  to  be  hereunto  affixed, 
the  day  of  ,  A.D.,  18     . 

A.  B.,  Notary  Public, 


CHAPTER  IX, 
BILLS  Of  SALE  AND  CHATTEL  MORTGAGES 

PRACTICAL     REMARKS. 

1.  A  bill  of  sale  is  a  written  contract,  or  agreement,  transfemng 
and  assigning  the  ownership  of  personal  property,  or  any  interest  m 
the  same.     If  fraudulent,  as  against  third  persons,  it  is  void. 

2.  Every  sale  made  by  a  vendor,  of  goods  and  chattels  in  his  pos- 
session, or  under  his  control,  and  every  assignment  of  goods  and 
chattels,  by  way  of  mortgage  or  security,  or  upon  any  condition 
whatever,  unless  the  same  be  accompanied  by  an  immediate  deli- 
very, and  be  followed  by  an  actual  and  continued  change  of  possess- 
ion, of  the  things  sold,  mortgaged,  or  assigned,  is  presumed  to  be 
fraudulent  and  void,  as  against  the  creditors  of  the  vendor,  or  the 
creditors  of  the  person  making  such  assignment,  or  subsequent  pur- 
chasers in  good  faith ;  and  will  be  conclusive  evidence  of  fraud, 
unless  it  shall  be  made  to  appear,  on  the  part  of  the  person  claim- 
ing under  such  sale  or  assignment,  that  the  same  was  made  in  good 
faith,  and  without  unj  intent  to  defraud  such  creditors  or.  purchasers. 
The  term  "creditors,"  as  herein  used,  is  to  be  construed  so  as  to 
include  all  the  creditors  of  the  vendor,  or  assignor,  at  any  time 
wliilst  such  goods  and  chattels  remain  in  his  possession,  or  under  his 
control.' 

3.  Continued  possession  in  the  vendor,  or  assignor,  is  not  conclu- 
sive evidence  of  fraud,  where  the  use  of  the  goods  and  chattels  sold, 
or  assigned,  or  mortgaged,  is  necessaiy  to  such  vendor,  or  assignor, 
m  order  to  enable  him  to  provide  for  himself  or  famjlv,  or  obtain  th« 
means  for  the  payment  and  satisfaction  of  his  debts  The  question 
of  good  faith  in  the  transaction,  arismg  from  continuea  possession,  is 

1  2  R  S.  (3fl  ed.)  195,  196,  55  5,  6  ;  8  Wen-  I  Id.,  US,  507  ;  23  Id..  6.^>3  ;  ai  Id.,  117  ;  2o  Id., 
dell,  375 ;  12  Id.,  297;  ir,  Id.,  212,  62.S :  Hi  Id.,  396,  615;  26  Id.,  .'ill  ;  1  Hill,  347,  438,  467  ;  4 
620 ;  17  Id.,  54,  492 ;  19  Id.,  183,  514,  524  ;  20  1   Id.,  271 ;  6  Id.,  433,  438. 


BILLS    OF   SALE    AND    CHATTEL    MO^IGAGES. 


113 


one  for  a  jury  to  determine ;  and  they  have  tlie  right,  in  their  discre- 
tion, to  excuse  possession  in  the  vendor,  or  mortgagor.' 

4.  Proof  of  a  valuable  consideration,  or  a  true  debt,  is  essential  to 
show  good  fjiith ;  and  if  such  proof  be  not  made,  the  case  will  not 
be  given  to  the  jur)%^ 

6.  Every  mortgage,  or  conveyance  intended  to  operate  as  a  mort- 
gage, of  goods  and  chattels,  which  shall  not  be  accompanied  by  an 
immediate  dehvery  and  continued  change  of  possession  of  the  things 
morto-ao-ed,  is  absolutelv  void  as  au-ainst  the  creditors  of  the  mort- 
gagor,  and  as  aganist  subsequent  purchasers  and  mortgagees  m  good 
faith,  unle>ss  the  mortgage,  or  a  true  copy  thereof,  be  tiled  in  the 
town  or  city  where  tJie  mortgagor  therein,  if  a  resident  of  this  State, 
resides  at  the  time  of  the  execution  thereof;  and  if  not  a  resident, 
then  in  the  city  or  town  where  the  property  so  mortgaged  may  be, 
at  the  time  of  such  execution.  In  the  city  of  New  York,  such 
instruments  are  to  be  filed  in  the  office  of  the  Register;  in  the  other 
cities  and  county  towns  of  this  State,  in  the  office  of  the  County 
Clerk;  and  in  all  other  towns,  in  the  office  of  the  Town  Clerk 
thereof.  The  actual  and  continued  change  of  possession  above  men- 
tioned, must  be  literal,  and  not  a  mere  legal,  or  fictitious  change,  in 
order  to  comply  with  the  statute.' 

6.  Clerks  of  towns  and  counties,  in  whose  offices  chattel  mort- 
gages are  required  to  be  filed  by  law,  must  enter  the  names  of 
the  mortgagors  and  mortgagees  in  every  such  instrument,  in  books 
to  be  pronded  by  them  for  the  piupose,  at  the  expense  of  their 
respective  towns  or  counties,  under  the  head  of  mortgagors  and 
mortgagees,  in  each  of  such  books  respectively.  It  is  also  the 
duty  of  the  said  clerks  to  number  every  mortgage  or  copy  so  filed, 
by  endorsing  the  number  on  the  back  thereof,  and  to  enter  sucli 
number^n  a  separate  column  in  the  books  in  which  such  mortgages 
are  entered,  opposite  to  the  name  of  every  party  thereto,  also  the 
date,  the  amount  secured  thereby,  when  due,  and  the  date  of  the 
liling.* 

7.  Every  mortgage,  filed  according  to  the  foregoing  requisitions, 
ceases  to  be  valid,  as  against  the  creditors  of  the  person  making  the 
'iixme,  or  subsequent  purchasers  or  mortgagees  in  good  faith,  after 
the  expiration  of  one  year  from  the  filing  thereof;  unless,  within 
thirty  days  next  precluding  the  expiration  of  the  s;ud  term  of  one 
year,  a  true  copy  of  such  mortgage,  together  with  a  statement 
exhibiting  the  interest  of  the  mortgagee  in  tb.c  property  thereby 
chiimed  by  him,  by  virtue  th(!reof,  be  again  filed  in  the  office  of  the 
Clerk,  or  Register,  aforesaid,  tif  the  town  or  city  where  the  mortga- 
gor then  resides.  A  copy  of  such  instrument,  or  any  statement 
therein  made,  certified  by  the  Clerk,  or  Register,  as  aforesaid,  is  only 


•  23  Wendell,  653 ;  2G  Id.,  51 1  ;  1  Hill,  4aS, 
473;  4  Id.,  271  ;   1  Cftiiisiock,  4'.Hi. 

«  1  Hill,  438;  4  Id.,  271. 

•  2  R.  S.  (3d  ed.;  1%,  S§  9,  10 ;  17  Wendell, 


492;   19  1.1.,  514,   .524;    23   M.,   653;  2   Hill 
628  ;  4  Id  ,  271  ;  1  Dcnio,  .5*)  ;  10  Paige,  127 
4  Laws  of  1849,  chap.  G9. 


lU 


STEW  clerk's  assistant. 


evidence  of  the  time  of  receiving  and  filing  the  same,  as  specified  in 
the  indorsement  of  such  Clerk,  or  Register. ' 

8.  The  words  "re-filed  and  renewed,"  with  the  date  and  signature 
of  the  Clerk,  endorsed  on  a  chattel  mortgage,  are  not  sufficient  to 
continue  it  as  against  the  claims  of  creditors.  The  interest  claimed 
by  the  mortgagee  must  be  distinctly  stated." 

9.  In  Mtissachusetts,  a  chattel  mortgage  must  be  recorded  by  the 
Clerk  of  the  town  wliere  the  mortgagor  resides,  and  also  by  the 
Clerk  of  the  town  where  he  transacts  his  business.  The  right  of 
the  mortgagor,  or  liis  assigns,  to  the  property,  is  not  forfeited,  until 
sixty  days  after  the  mortgagee,  or  his  assigns,  gives  written  notice 
to  the  person  holding  the  property,  of  the  intention  to  foreclose,  and 
files  a  copy  of  the  notice  in  the  Clerk's  office  where  the  KBortgage  is 
recorded.  In  Maine,  a  chattel  mortgage  must  be  recorded  by  the 
Clerk  of  the  town  where  the  mortgagor  resides,  and  the  mortgaged 
property  must  be  delivered  to  the  mortgagee,  and  retained  in  hi§ 
possession. 

10.  After  default  in  the  payment  of  a  chattel  mortgage,  the  mort- 
gagee's title  to  the  property  mortgaged  becomes  absolute  at  law,  and 
he  is  entitled  to  the  immediate  possession ;  and  he  does  not  waive 
such  light  of  possession,  by  filing  a  copy  of  the  mortgage,  with  a 
statement  exhibiting  the  interest  claimed  by  liim  by  virtue  thereof, 
subsequent  to  such  default.  Where  a  chattel  mortgage  contdns  a 
provision  that,  in  case  of  default,  the  mortgagee  may  sell  the  pro- 
perty at  public  or  private  sale,  and  out  of  the  proceeds  satisfy  the 
debt,  and  return  the  surplus,  the  title  of  the  mortgagee  becomes  com- 
plete, on  default,  Avithout  any  sale  being  made.  For  the  protection  of 
the  mortg-agor,  therefore,  a  clause  of  this  character,  if  inserted  at  aU, 
should  be  imperative  on  the  mortgagee.' 

11.  Until  forfeiture  by  non-performance  of  the  conditiofis  of  a 
chattel  mort{  \ge,  the  interest  of  the  mortgagor  in  the  property  mort- 
gaged may  b    levied  on,  and  sold,  under  an  execution.* 

12.  A  cha  tel  mortgage,  cannot,  perhaps,  be  given  on  growing 
trees,  fruit,  or  grass,  Avhile  parcels  of  the  real  estate,  or  on  produce 
not  actually  in  existence ;  yet  growing  grass  may  be  transferred  in 
this  manner,  provided  it  actually  belongs  to  the  mortgagor, — as  in 
the  case  of  a  tenant  occupying  a  farm.'' 


>  2  R.  S.,  (3(1  ed.)  196,  §§  11,  12  ;  20  Vi'en- 
U\\.  IS. 

«  J  Denio,  163. 

3  23  Vi^endcll,  667;  1  Hill,  473;  2  Denio, 
170. 


4  1  Harbour's  S.  C.  Rep.,  542. 
6  1  Denio,    550;   1  Barbour's  S.  C.  Rep, 
542 ;  1  Comstock,  90. 


BILLS   OF   SALE    AND    CHATTEI    MORTGAGES. 


m 


FORMS. 

I  193.   Common  Bill  of  Sale. 
Know  all  men  by  these  presents:  That  I,  A.  B.,  of  the  town  of 

,  in  the  county  of  ,  and  State  cf  New  York,  of  the  first 

part,  for  and  in  consideration  of  the  suna  of  dollars,  lawful 

money  of  the  United  States,  to  me  paid  by  C.  D.,  of,  &c.,  of  the 
second  part,  the  receipt  whereof  is  hereby  acknowledged,  have  bar- 
gained and  sold,  and  by  these  presents  do  grant  and  convev,  imto  the 
said  party  of  the  second  part,  his  executors,  administrators  and 
assigns,  the  one  equal,  undivided  half,  of  six  acres  of  wheat,  now 
growing  on  the  farm  of  E.  F.,  in  the  town  of  ,  aforesaid,  one 

chestnut  horse,  and  twenty  sheep  belonging  to  me,  and  now  in  my 
possession,  at  the  place  last  aforesciid:'  to  have  and  to  hold  the  same 
unto  the  said  party  of  the  second  part,  his  executors,  administrators 
and  assigns,  forever.  And  I  do,  for  myself,  my  heirs,  executors  and 
administrators,  covenant  and  agree,  to  and  with  the  said  party  of  the 
second  pai-t,  liis  executors,  administrators  and  assigns,  to  warrant  and 
defend  the  sale  of  the  said  property-,  goods  and  chattels,  hereby  made, 
unto  the  said  party  of  the  second  part,  liis  executors,  administrators 
and  assigns,  against  all  and  every  person  and  persons  whomsoever.* 
In  witness  whereof  I  have  hereunto  set  my  hand  and  seal,  this 

day  of  ,  one  thousand  eight  hundi-ed  and 

Signed,  sealed  and  delivered,  )  A.  B.     [l.  s.] 

in  presence  of  j 

G.  H. 


§  194.  Bill  of  Sale  in  consideration  of  Maintenance. 
.  This  indenture,  made  on  the  day  of,  <tc.,  between  A.  B.,  of 

&c.,  of  the  first  part,  and  C.  B.,  of  the  same  place,  of  the  second 
part,  A\itnesseth:  That  the  party  of  the  first  part,  in  consideration  of 
the  covenants  hereinafter  contained,  to  be  performed  by  the  party  of 
the  second  part,  and  of  the  sum  of  one  dollar,  to  him  in  hand  paid, 
by  the  said  party  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  has  bargained  and  sold,  and  by  these  presents  does 
grant  and  convey,  <fec.,  \os  in  the  ijreceding  form  to  the  *,  changing 
ihe  several  pronouns  to  the  third  person,  and  suhlituting;  And  the 
said  party  of  the  first  part  does,  for  And  I  do,  and  then  add:] 


I  If  the  proporty  conveyed  consists  of  a 
great  number  of  anirtes,  ii  is  as  well  lo  refer 
to  them,  ill  the  bill  of  sale,  as  "  all  the  goods, 
wares  and  merchandise,  chattels  and  cftects, 
mentionea  and  described  in  the  schedule 
hereto  annexed,  'marked  schedule  A;'" — 
and  they  hould  thi-n  be  particularly  enu- 
»erated  in  the  schedule.    The  delivery  is  es- 


sential, where  it  can  be  made,  in  order  to 
make  a  bill  of  sale  valid;  and  the  subscrib- 
ing witrcss  should  be  able  to  testify  positive- 
ly, as  well  in  relation  to  that,  as  to  the  cotv 
sideration  of  the  sale.  A  bill  of  sale  of  a 
ship  at  sea,  or  in  a  foreign  port,  is  good  with- 
out delivery ;  but  I'ln  purchaser  must  ttko 
posaeasion  as  sood  as  practicable. 


116  NEW  clerk's  assistant. 

And  in  consideration  of  the  premises,  the  party  of  the  second  pan 
doth  hereoy  covenant  and  agree,  to  and  with  tlie  party  of  the  lirst 
part,  his  executors,  and  administrators,  that  he  "will  support  and  main- 
tain, and  comfortably  and  sufficiently  clothe,  the  party  of  the  first 
part,  and  in  all  respects  care  and  provide  for  him,  for  and  during  the 
rest,  residue  and  remainder,  of  his  natural  life ;  and  that  he,  the  said 
party  of  the  second  part,  "will  pay  imto  the  said  party  of  the  first 
part,  the  sum  of  dollars,  on  the  first  day  of  January,  in  each 

and  every  year  during  the  said  time :  provided,  however,  that  the 
sjiid  party  of  the  second  part  shall  be  forever  released  and  discharged 
from  the  covenants  above  contained,  on  his  part  to  be  performed,  if 
the  said  party  of  the  first  part  shall  refuse  to  reside  in  the  county 
of  ,  aforesaid,  except  such  refusal  be  occasioned  by  inability  to 

obtain  comfortable  and  sufficient  board,  lodging  and  maintenance,  iii 
the  said  county. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands 
and  seals,  the  day  and  year  first  above  Avritten. 

Signed,  sealed  and  dehvered,  )  A.  B. 

in  presence  of  J  C.  D. 

G.  H. 


L.  S. 
L.  S. 


§  195.  Bill  of  Sale  of  Registered  or  Enrolled  Vessel. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  owner  of 
tlie  brig,  or  vessel,  called  the  "  Isabella,"  of  the  burden  of 
tons,  or  thereabouts,  now  lying  at  the  port  of  ,  for  and  in  con- 

sideration of  the  sum  of  dollars,  lawful  money  of  the  United 

States,  to  me  paid,  by  C.  D.,  of  the  place  aforesaid,  the  receipt 
wherof  I  hereby  acknowledge,  have  bargained  and  sold,  and  by  thfese 
presents  do  bargain  and  sell,  unto  the  said  C.  D.,  his  executors, 
administrators  and  assigns,  all  the  hull  or  body  of  said  brig,  or  ves- 
sel, together  with  the  masts,  bowsprit,  sails,  boats,  anchors,  cables, 
spars,  and  all  other  necessaries  thereunto  appertaining  and  belonging; 
the  certificate  of  the  registry  of  which  said  brig,  or  vessel,  is  as  fol- 
lows, to  wit :  [copif  certificate  of  registry ;]  To  ha\e  and  to  hold  the  said 
brig  or  vessel,  and  appurtenances  thereunto  belongmg,  unto  the  said 
C.  D.,  his  executors  administrators  and  assigns,  to  his  and  their  pro- 
per use,  benefit  and  behoof,  forever.  And  I  do,  for  myself,  my  heirs, 
executoi-s  and  administrators,  covenant  and  agree,  to  and  with  the 
sjiid  C.  D.,  his  executors,  administrators  and  assigns,  to  warrant  and 
defend  the  said  brig,  or  vessel,  and  all  the  before  mentioned  appur- 
tenances, against  all  and  every  person  and  persons  whomsoever. 

In  witness,  «kc.,  \as  in  §  193.] 


§  196.  Bill  of  Sale  and  Chattel  Mortgage. 
Know  all  men  by  these  presents:  That  I,  A.  B.,  of,  &c.,  in  con^ 
sideration  of  one  dollar  to  me  paid,  by  C.  D.,  of,  ike,  the  receipt 


BILLS    OF    SALE    AND    CHATTEL   MORTGAGES.  117 

wliereof  I  hereby  acknowledge,  have,  and  by  these  presents  do 
gi-ant,  bargain,  sell,  assign,  transfer  and  set  over,  unto  the  said  C.  D. 
and  his  assigns,  forever,  the  following  goods,  chattels  and  property, 
to  wit:  \specif}/  the  articles,  or  refer  to  them  in  the  schedule  annexed, 
as  directed  in  the  note  to  ^  193:]  Whereas  I,  the  said  A.  B.,  am 
justly  indebted  to  the  said  C.  D.,  in  the  sum  of  one  hundred  and 
ten  dollars,  on  account,  for  money  had  and  received,  and  goods  sold 
and  delivered,  [or,  on  a  promissory  note,  dated,  <fec.,  and  due 
months  fiom  date,]  to  be  paid  to  tlie  said  C.  D.,  or  his  assigns,  on 
the  day  of  ,  18     ,  with  the  legal  interest  thereon 

from  tlie  day  of  the  date  liereof  : 

Now  the  condition  of  the  above  bill  of  sale  is  such,  that  if  the  said 
A.  B.  sliall  well  and  truly  pay  to  the  said  C.  D.,  or  to  his  agent, 
attorney,  or  assignee,  the  above  mentioned  demand,  [or,  demands,] 
at  the  time,  and  in  the  manner  and  form  above  expressed,  and  shall 
keep  and  perform  the  covenants  and  agreements  above  contained,  on 
his  part  to  be  kept  and  performed,  according  to  the  true  intent  and 
meaning  thereof,  then  the  above  bill  of  sale  shall  be  void:  Otherwise, 
on  the  neglect  and  failure  of  the  said  A.  B.  to  pay  the  said  demand, 
[or,  demands,]  or  to  keep  and  perform  the  said  covenants  and  agree- 
ments as  above  expressed,  then,  and  in  that  case,  the  said  C.  D.  and 
his  assigns,  are  hereby  authorized  and  empowered  to  sell  the  above 
described  goods,  chattels  and  property,  [or,  the  goods,  ifec,  described 
in  the  schedule  hereunto  annexed,  as  aforesaid,]  or  any  part  thereof, 
at  public  or  private  sale,  at  his  or  their  option,  and  to  retain  from  the 
proceeds  of  such  sale,  in  his  or  their  hands,  sufficient  to  pay  and 
satisfy  the  whole  amount  of  the  above  mentioned  demand,  [or,  de- 
mands,] with  the  legal  interest  thereon  which  shall  be  due  at  the 
time  of  such  sale,  and  all  costs,  charges  and  expenses,  incurred  b}?- 
the  said  C.  D.,  or  his  assigns,  in  consequence  of  the  neglect  and  fail- 
ure of  the  said  A.  B.,  as  aforesaid;  rendering  the  overplus,  if  any,  to 
the  said  A.  B.,  or  to  his  heirs,  executors,  administrators,  or  assigns, 
on  demand.  [The  said  C.  D.  and  his  assigns,  are  hereby  authorized, 
for  further  seciirity,  to  take  the  said  goods,  chattels,  and  property, 
into  his  or  their  possession,  at  any  time  he  or  they  may  think  pruper.] 

In  witness,  (kc,  [as  zm  §  193.] 


§  197.    Common  Chattel  Mortgage. 
This  indenture,  made  the  day  of,  ttc,  between  A.  B.,  oi, 

&c.,  of  the  first  part,  and  C.  D.,  of,  A:c.,  of  the  second  part,  wit- 
nesseth:  That  the  said  party  of  the  first  part,  in  consideration  of  the 
sum  of  dollars,  to  him  duly  paid,  hath  sold,  and  by  these  pre- 

sents doth  grant  and  convey,  to  the  said  party  of  the  second  part, 
and  his  assigns,  the  following  desciibcd  goods,  chattels  and  property, 
[^describe  them  jmrticularbj,  or  refer  to   them  in  the  schedule,  as  di- 
ected  in  the  note  to  §  193,]  now  in  my  possession,  at  the  of 


118  NEW  clerk's  assistant. 

,  aforesaid ;  together  with  the  appurtenances,  and  all  the 
estate,  title  and  interest,  of  the  s;iid  party  of  the  first  part  therein.* 
This  grant  is  intended  as  a  security  for  the  payment  of  one  hundred 
and  ten  dollars,  with  interest,  on  or  before  the  expiration  of  one 
year  from  the  date  hereof;  and  the  additional  sum  of  one  hundred 
and  forty  dollars,  with  interest,  on  the  day  of  ,18  ;  wliich 
payments,  if  duly  made,  will  render  this  conveyance  void.  [^The 
sentence  near  the  dose  q/"  §  198  included  in  []  may  be  added,  if  ne^ 
eessary. 

In  witness  whereof,  the  said  party  of  the  first  part  hath  hereunto 
set  his  hand  and  seal,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered,  )  A.  B.  [l.  s.] 

in  presence  of  ) 

G.  H. 


§  198.   Chattel  Mortgage  to  Secure  a  Note. 

This  indenture,  made,  &c.,  [as  in  §  197  to  the  *,  and  then  add-]^ 
Provided,  nevertheless,  that  if  the  said  party  of  the  first  part  shall 
well  and  truly  pay  unto  .the  said  party  of  the  second  part,  or  his 
assigns,  at  maturity,  the  full  amount,  principal  and  mtercst,  of  a  cer- 
tain promissoiy  note,  executed  by  the  said  party  of  the  first  part,  for 
the  sum  of  doUars,  bearing  date  the  day  of  ,18      , 

payable  three  months  after  date,  and  now  held  by  the  said  party  of 
the  second  part,  then  this  conveyance  shall  be  void ;  otherwise  to 
remain  in  full  force  and  efiect  \^Add  clause  in  regard  to  default, 
and  2)osscssion,  if  necessary.^ 

In  witness,  &c.,  [as  in  §  197.] 

§  199.  Chattel  Mortgage  to  Secure  Endorser. 

This  indenture,  made,  &c.,  \as  in  §  197  ^o  the  *,  and  then  ac?f?;] 
Provided,  nevertheless,  that  if  the  said  party  of  the  first  part  shall 
well  and  truly  pay,  at  maturity,  the  full  amount,  principal  and  inte- 
rest, of  a  certain  promissory  note,  executed  by  him,  and  endorsed  by 
the  party  of  the  second  part,  for  the  sum  of  dollars,  bearing 

even  date  herewith,  payable  one  year  from  date,  and  now  held  by 
E.  F.,  of,  (fee,  then  this  conveyance  shall  be  void;  otherwise  to  re- 
main in  full  force  and  effect 

In  witness,  &c.,  [as  in  §  197.] 


§  200.  Chattel  Mortgage  Requiring  Sale  to  he  Made. 
Tliis  indenture,  made,  &c.,  \as  in  §  197  <o  the  words,  "In  witness 
whereof,  &c.,"  and  then  add:']  But  if  default  shall  be  made  in  the 
payment  of  the  principal  or  interest  above  mentioned,  or  any  part 
thereof,  then  the  said  party  of  the  second  part,  and  his  assigns,  are 
hereby  required  to  sell  the  goods,  chattels  and  property,  above  granted. 


BILLS    OF   SALE    AND    CHATTEL   MORTGAGES.  119 

at  public  auction,  after  giving  notice  tliereof  in  the  manner  pronded 
by  law  for  constable's  sales,  and  out  of  the  proceeds  to  satisfy  the 
amount  then  due  to  the  party  of  the  second  part,  or  liis  assigns,  with 
the  costs  and  expenses  incurred  by  reason  of  such  default,  and  return 
the  surplus,  if  any  there  be,  to  the  said  party  of  the  first  part,  or  his 
personal  representatives. 

In  witness,  <kc.,  [as  in  §  197.] 


§  201.  Conditional  Clause  as  to  Possession. 
Provided,  nevertheless,  [or,  And  provided  also,]  that,  until  default 
by  the  party  of  the  first  part,  in  the  performance  of  the  condition^ 
aforesaid,  it  shall  and  may  be  lawful  for  him  to  keep  possession  of 
the  property  above  mentioned  and  described,  and  to  use  and  enjoy 
the  same ;  but  if  the  said  party  of  the  first  part  shall  attempt  to  sell 
the  same,  or  any  part  thereof,  or  to  remove  the  same  out  of  the 
county  of  ,  without  notice  to  the  said  party  of  the  second 

part,  or  his  assigns,  and  without  his,  or  their,  assent  to  such  sale  or 
removal,  to  be  expressed  in  writing,  then  it  shall  be  lawful  for  the 
said  party  of  the  second  part,  or  his  assigns,  to  take  immediate  pos- 
session of  the  whole  of  said  propert}^  to  his,  or  their,  own  use. 


§  202.  Chattel  Mortrjage  to  Secure  a  Debt. 

Whereas  I,  A.  B.,  of  the  town  of  ,  in  the  county  of  , 

and  State  of  ,  am  justly  indebted  unto  C.  D.,  oi,  (fee,  in  the 

sum  of  dollars,  on  account,  to  be  paid  on  or  before  the 

day  of  next,  with  interest  from  this  date :  Noav,  therefore,  in 

consideration  of  such  indebtedness,  and  in  order  to  secure  the  pay- 
ment of  the  same,  as  aforesaid,  I  do  hereby  sell,  assign,  tJ-ansfer  and 
set  over,  unto  the  said  C.  D.,  the  property  mentioned  and  described 
in  the  schedule  hereinunder  Avritten ;  Provided,  however,  that  if  the 
said  debt  and  interest  be  paid,  as  above  specified,  tliis  sale  and  trans- 
fer shaU  be  void;  and  this  grant  is  also  subject  to  the  following 
conchtions : 

The  property  hereby  sold  and  transferred  is  to  remain  in  my  pos- 
session until  default  be  made  in  the  payment  of  the  debt  and  interest 
aforesaid,  or  some  part  tliereof,  unless  I  shall  sell,  or  attempt  to  sell, 
assign,  or  dispose  of,  the  said  property,  or  any  part  tliereof,  or  suffer 
the  s{ime  unreasonably  to  depreciate  in  value ;  in  Avliich  case  the  said 
C.  D.  may  take  the  said  property,  or  any  part  thereof,  into  his  own 
possession. 

Upon  taking  said  property,  or  any  part  thereof,  into  Ms  possession, 
either  in  case  of  default,  or  as  above  provided,  the  said  C.  D.  shall 
sell  the  same  at  public  or  private  sale ;  and  after  satisfying  the  afore- 
said debt  and  the  interest  thereon,  and  all  necessary  and  reasonable 


120  NBW  clerk's  assistant. 

costs,  charges  and  expenses,  incurred  by  him,  out  of  the  proceeds 
of  such  sale,  he  shall  return  the  surplus  to  me  or  my  representatives. 
Witness  my  hand  and  seal,  this  day  of  ,18 

A.  B.     [l.  s.] 

SCHEDULE  ABOVE  REFERRED  TO. 

[Insert  the  articles,  and  let  the  mortgagor  sign  his  name  at  the 
foot  of  the  list.^ 


I  203.  Statement  to  be  Jailed  with  the  Copy,  within  thirty  days  next 
preceding  the  expiration  of  the  year. 
County,) 
Town  of  ,    )  ^^• 

I,  C.  D.,  the  mortoaoee,  [or,  E.  F.,  the  assionee  of  C.  D.,  the 
mortgagee,]  named  in  the  within  [or,  annexed]  instrument,  do  hereby 
certify,  that  the  sum  of  ninety-seven  dollars  and  ten  cents  is  claimed 
by  me  to  be  due  thereupon,  at  the  date  hereof  ;  which  sum  consti- 
tutes the  amount  of  my  interest  in  the  property  therein  mentioned 
and  described.     Dated  the  day  of  ,18 

In  presence  of  )  C.  D.,  Mortgagee, 

F.  E.  [  [or,  E.  v..  Assignee.] 

§  204.  Notice  of  Sale  on  Chattel  Mortgaged 

MORTGAGE    SALE. 

By  virtue  of  a  chattel  mortgage  executed  by  A.  B.  to  C.  D.,  dated 
the  day  of  ,  18      ,  and  filed  in  the  office  of  the  Regis- 

ter of  the  city  of  ,  [or,  the  Covmty  Clerk  of  the  county  of 

;  or,  the  Town  Clerk  of  the  town  of  ,]  on  the 

dajr  of  ,  in  the  year  aforesaid,  and  upon  which  default  has  been 

made,  I  shall  sell  the  property  therein  mentioned  and  described,  viz : 
[mention  the  articles,^  at  public  auction,  at  the  house  of  ,  in 

the  city  [or,  town]  of  ,  aforesaid,  on  the  day  of 

instant,  [or,  next,]  at  ten  o'clock  in  the  forenoon  of  that  day.    Dated 
at  ,  the  day  of  ,  18       . 

C.  D.,  Mortgagee, 

[or,  E.  ¥.,  Assignee.] 

1  Where  no  lime  is  specified  in  ihe  mortgage,  five  or  six  days'  notice  of  the  sale  will  be 
Bulficient. 


CHAPTER  X. 
BONDS. 


PRACTICAL      REMARKS. 

1.  A  bond  is  the  acknowledgment  of  a  debt,  duty,  or  obligation; 
and  it  is  immaterial  what  mode  of  expression  is  used,  provided  the 
lanffuaire  be   sufficient  to  establish  an  acknowledgment  of  a  debt. 

I'll 

All  persons  legally  capable  of  making  a  contract,  may  bmd  them- 
selves in  a  bond. 

2.  Every  bond,  in  itself,  imports  a  consideration ;  and  a  failure  of 
the  consideration  is  not  a  good  defence  to  an  action  brought  on  the 
bond.' 

3.  Fraud,  or  an  illegal  consideration,  will  invalidate  a  bond. 

4.  Wax,  or  some  other  tenacious  substance,  is  necessary  to  con- 
stitute a  seal  in  this  State,  except  it  be  the  seal  of  a  coml.,  public 
officer,  or  corporation.^ 

5.  Payment  may  be  pleaded  in  an  action  on  a  bond  for  the  pay- 
ment of  money,  though  not  made  strictly  according  to  the  condition ; 
and  if  the  amount  due  thereon  be  paid  after  the  commencement  of 
suit,  and  before  judgment,  the  action  will  be  discontinued.^ 

6.  The  sum  equitably  due,  by  virtue  of  the  condition  of  a  bond, 
may  be  set  off  in  any  action  where  a  get-off  is  allowed.'' 

7.  An  action  may  be  brought  in  a  Justice's  court  on  a  bond,  the 
penalty  of  which  exceeds  one  hundred  dollars,  provided  the  amount 
required  by  the  condition  does  not  exceed  the  sum  of  one  hundred 
dollars.' 

8.  A  bond  required  by  law  to  be  given,  will  be  deemed  sufficient, 
if  it  conform  substantially  to  the  form  thereof  prescribed  by  the  sta- 
tute, and  do  not  vary  in  any  matter,Jathe  prejudice  of  the  rights 
of  the  party  to  whum^  or  for  whose  beront,  such  bond  shall  be  given.* 


>  2  Johnson,    177;    13  Iil.,  430;    1  Denio, 

a  2  Hill,  227  ;  3  Id.,  493  ;  Laws  of  1848, 
chap.  197. 

*  2  R.  S.  (3d  ed.)  449,  «j  30,  31 ;  19  Wen- 
dell, 107. 


4  2R.  S.  (3d  ed.)  450,  §39,  sub.  1;  15 
Wendell,  51. 

6  Laws  of  1340,  chap.  317. 

1  2  U.  S.,  (3d  ed.)  641,  §  34  ;  7  Paige  50  ; 
20  Wendell,  502. 


122  NEW  clerk's  assistant. 

9.  The  amount  of  the  judgment  rendered  on  a  bond  conditioned 
for  tlie  payment  of  money,  is  the  penal  sum,  whicli  is  usually  double 
the  amount  of  the  condition,  in  order  to  cover  interest   and  costs. 

10.  A  bond  conditioned  for  the  performance  of  a  specific  act,  is 
broken  on  the  failure  to  do  it;  but  where  the  obligee  is  indemnified 
against  damage  or  molestation,  they  must  first  be  sustained,  before 
a  recovery  can  be  had.' 

11.  A  joint  and  several  bond  and  warrant  of  attorney,  signed  by 
three  persons,  will  not  authorize  a  separate  judgment  agauist  one, 
but  only  a  joint  judgment  against  all.^ 

12.  An  action  on  a  sealed  instrument  must  be  brought  witliin 
twenty  years  after  a  right  of  action  accrues.^ 

1 8.  A  bottomry  bond  is  an  obligation  founded  on  the  joint  secu- 
rity of  a  ship  and  its  owners,  and  given  for  money  borrowed,  Avhich 
is  to  be  repaid  on  the  successful  termination  of  a  voyage.  At  home, 
the  bond  is  executed  by  the  owners,  or  the  master,  as  their  agent 
In  a  foreign  country,  the  master  has  full  authority  to  bind  the  own- 
ers, and  pledge  the  ship  and  cargo,  by  a  bottomry  bond,  in  cases  of 
necessity.  Any  amount  of  interest  may  be  exacted,  so  long  as  the 
sea  risk  continues,  irrespective  of  the  usury  laws ;  but  when  that 
terminates,  the  obligation  will  only  draw  legal  interest.  Responden- 
tia is  a  contract  similar  to  bottomry,  except  tliat  the  loan  is  made 
upon  the  chance  of  the  safe  arrival  of  the  cargo.  Like  bottomry,  it 
is  used  in  cases  of  emergency. 

14.  An  alteration  of  a  bond,  or  other  sealed  instrument,  in  a  ma- 
terial part,  Avithout  the  consent  of  the  obUgor,  by  any  party  claiming 
to  recover  under  it,  renders  it  void ;  otherwise,  if  the  alteration  be 
made  by  a  stranger,  provided  the  true  contents  can  be  made  to 
appear  by  testimony,  though  the  burden  of  proof  will  then  be 
thi'own  on  the  party  claiming  under  the  instrument.* 


FORMS, 


§  205.   ComrrH^n^Bond,  with  Condition. 
Know  all  men  by  these  presents :    That  I,  A.  B.,  of  the  town  of 
,  in  the  county  oi  ,  and  State  of  New  York, 

am  held  and  firmly  bound  unto  C.  D.,  of,  &c.,  in  the  sum  of  ona 


1  1  Comstock,  550. 
«5Iiill,497. 


3  Laws  of  1S19,  (Code  of  Practice.)  chap 
438,  §  90. 
*  2  Barbour's  Ch.  Rep.,  119 


BONDS.  123 

tliousand  dollars,  lawful  money  of  the  United  States,  to  be  paid  to 
the  said  C.  D.,  his  executors,  administrators,  or  assigns ;  for  which 
payment,  well  and  truly  to  be  made,  I  bind  myself,  my  heirs,  execu- 
tors, and  administrators,  firmly  by  these  presents. 

Scaled  with  my  seal.     Dated  the  day  of  ,  one 

thousand  eight  hundred  and 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
bounden  A.  B.,  his  heirs,  executors,  or  administrators,  shall  well  and 
truly  pay,  or  cause  to  be  paid,  unto  the  above  named  C.  D.,  his  exe- 
cutors, administrators,  or  assigns,*  the  just  and  full  sum  of  five  hun- 
dred dollars,  in  five  equal  annual  payments,  from  the  date  hereof, 
with  annual  interest,  then  the  above  obhgation  to  be  void ;  otherwise 
to  remain  in  full  force  and  virtue. 

Sealed  and  deUvered,  )  A.  B.  [l.  s.] 

in  presence  of         C 
G.  H. 


§  206.  Bond  of  Two  Obligors. 

Know  all  men  by  these  presents :  That  we,  A.  B.  and  E.  F.,  of, 
&c.,  are  held  and  firmly  bound,  unto  C.  D.,  of,  &c.,  in  the  sum  of 
one  thousand  dollars  lawful  money  of  the  United  States,  to  be 
paid  to  the  said  C.  D.,  his  executors,  administrators,  or  assigns;  for 
which  payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
and  each  of  our  heirs,  executors  and  administrators,  jointly  and  seve- 
rally, firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  this  day  of  ,  one 

thousand  eight  hundred  and  .* 

The  condition  of  the  above  obhgation  is  such,  tj 
bounden  A.  B.  and  E.  F.,  or  either  of  them,  thei^ 
heirs,  executors,  or  administrators,  shall  well  and^ 
to  be  paid,  unto  the  above  named  C.  D.,  &c.. 

Sealed  and  delivered,  ) 
in  presence  of        ) 
G.  H. 


§  207.  Bond — Several  Payments. 

Know  all  men  by  these  presents:  &c.,  [as  in  §  205  to  the  *,  and 
then  add:']  the  just  and  full  sum  of  five  hundred  dollars;  in  manner 
following,  that  is  to  say:  the  sum  of  one  hundred  dollars  on  the 
tenth  day  of  next ;  the  sum  of  two  hundred  dollars  on  the 

day  of  ,18  ;  and  the  remaining  sura  of 

two  hundred  dollars  in  one  year  from  the  said  last  mentioned  date, 
together  with  the  legal  interest  on  the  whole  sum  remaining  \mpaid, 


124  NEW  clerk's  assistant. 

at  the  time  of  each  payment ;   then  the  above  obligation  to  be  void ' 
else  to  remciin  in  full  force  and  virtue. 
Sealed,  &c.,  [as  in  §  205.] 


§  208.  Bond,  with  Interest  Condition. 

Know  all  men  by  these  presents:  ikc,  [as  in  §  205  to  the  *,  and 
then  add:]  the  just  and  full  sum  of  five  hundred  dollars,  on  the 
day  of  ,  in  the  year  of  our  Lord,  18         ,  and  the 

legal  interest  thereon,  to  be  computed  from  the  day  of  the  date 
hereof,  and  to  be  paid  semi-annually,  on  the  second  day  of  January, 
and  the  first  day  of  July,  in  each  and  every  year ;  then  the  above 
obligation  to  be  void;  else  to  remain  in  fuU  force  and  virtue.  And 
it  is  hereby  expressly  agreed,  that  should  any  default  be  made  in 
the  payment  of  said  interest,  or  of  any  part  thereof,  on  any  day 
whereon  the  same  is  made  payable,  as  above  expressed,  and  should 
the  same  remain  unpaid  and  in  arrear,  for  the  space  of  sixty  days, 
then,  and  from  thenceforth,  that  is  to  say,  after  the  lapse  of  the  said 
sixty  days,  the  aforesaid  principal  sum  of  five  himdred  dollars,  with 
all  arrearages  of  interest  thereon,  shall,  at  the  option  of  the  said  C. 
D.,  his  executors,  administrators,  or  assigns,  become  and  be  due  and 
payable,  immediately  thereafter,  although  the  period  above  Hmited 
for  the  payment  thereof  may  not  then  have  expired ;  any  thing  herein 
before  contained  to  the  contrary  thereof,  in  any  wise  notwithstanding. 

Sealed,  &c.,  [as  in  §  205.] 


§  209.  Bond  to  a  Corporation. 

Knoy^^j^ghj  these  presents:  That  I,  A.  B.,  of,  &c.,  am  held 
and  fin^^^^^^unto  the  Insurance  Company,  in  the  sum 

of  on^^^^^^BDllai-s,  lawful  money  of  the  United  States,  to  be 
paid  t^^^^^^P  Insurance  Company  or  assigns ;  for  which 

paymentj^^^BH.  truly  to  be  made,  I  bind  myself,  my  hehs,  exe- 
cutors an^^imuistrators,  firmly  by  these  presents. 

Sealed  with  my  seal.     Dated  the  day  of  ,  one 

thousand  eight  hundred  and  .* 

The  condition  of  the  above  oblig-ation  is  such,  that  if  the  above 
iounden  A.  B.,  his  heirs,  executors,  or  administrators,  shall  well  and 
truly  pay  or  cause  to  be  paid,  unto  the  above  named  Insu- 

rance Company,  or  assigns,  the  just  and  full  simi  of,  &c.,  [as  in 
8  205  to  the  end.^ 


§  210.  Bond  to  Executors. 
Know  all  men  by  these  presents:    That  I,  A.  B.,  of,  &c.,  am  h^ld 
and  firmly  bound,  unto  E.  F.  and  L.  M.,  of,  &c.,  executors  of  the  last 


BONDS.  126 

will  and  testament  of  S.  T.,  deceased,  late  of,  &c.,  in  the  sum  of  one 
thousand  dollars,  lawful  money  of  the  United  States,  to  be  paid  to 
the  said  E.  F.  and  L.  M.,  executors  as  aforesaid,  the  survivors,  or 
surnvor,  or  his  or  their  assigns ;  for  which  payment,  well  and  truly 
to  be  made,  I  bind  myself,  my  heirs,  executors  and  administrators, 
firmly  by  these  presents. 

Sealed  with  my  seal.     Dated  the  day  of  ,  one 

thousand  eiglit  hundred  and 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
bounden  A.  B.,  his  heirs,  executors,  or  administrators,  shall  well  and 
truly  pay,  or  cause  to  be  paid,  unto  the  above  named  E.  F.  and  L. 
M.,  executors  as  aforesaid,  the  survivors,  or  survivor,  or  his  or  their 
assigns,  the  just  and  full  sum  of,  (fee,  [as  in  §  205  io  the  end.'\ 


§  211.  Legatee's   Bond. 

Know  all  men  by  these  presents :  That  we,  A.  B.  and  0.  P.,  of, 
(fee,  are  held  and  firmly  bound  unto  E.  F.  and  L.  M.,  of,  (fee,  execu- 
toi-s  of  the  last  will  and  testament  of  S.  T.  deceased,  late  of  the 
town  of  ,  in  the  sum  of  one  thousand  dollars,  lawful  money 

of  the  United  States,  to  be  paid  to  the  said  E.  F.  and  L.  M.,  execu- 
tors, as  aforesaid,  the  survivors,  or  survivor,  or  his  or  theh-  assigns; 
for  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  and  each  of  om-  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  the  day  of  ,  one 

thousand  eight  hundred  and  .* 

Whereas,  in  and  by  tlie  last  will  and  testament  of  the  said  S.  T., 
deceased,  a  legacy  of  one  hundred  dollars  is  bequeathed  to  the  said 

A.  B.,  which  has  been  paid  to  liim  by  the  said  E.  F.  and  L.  M.,  exe- 
cutors as  aforesaid :  ^B^ 

Now  the  condition  of  this  obligation  is  such^lB.  if  Jiny  debts 
against  the  decoiised,  above  named,  shall  duly  appear,  and  which 
there  shall  be  no  other  assets  to  pay,  and  if  there  shall  be  no  other 
assets  to  pay  other  legacies,  or  not  sufficient,  that  then  the  said  A. 

B.  shall  refund  the  legacy  so  paid,  or  such  rateable  proportion 
thereof,  with  the  other  legatees  of  the  deceased,  as  may  be  neces- 
sary for  the  payment  of  such  debts,  and  the  proportional  parts  of 
either  legacies,  if  there  be  any,  and  the  costs  and  charges  hicurred 
by  reason  of  the  payment  of  the  said  A.  B. ;  and  that  if  tiie  probate 
of  the  "will  of  the  said  deceased  be  revoked,  or  the  will  declared 
void,  then  the  said  A.  B.  shall  refund  the  wliole  of  the  legacy,  with 
interest,  to  the  said  E.  F.  and  L.  M.,  their  executore,  administrators, 
or  assig-ns. 

Sealed,  (fee,  [as  in  §  205.]  A.  B.  [ L.  8  ] 

C.  D.  [l.  a  ] 


128  KEW  clerk's  assistant. 

§  212.  Bond  of  Legatee,  or  Representative,  before  Suit. 

Know  all  men  by  these  presents:  &c.,  [as  m  §  2\\  to  the  *,  and 
then  add:]  Whereas  the  said  A.  B.  is  about  to  commence  a  suit  in 
tlie  Supreme  Court  of  the  State  of  New  York,  against  the  said  E. 
F.  and  L.  M.,  as  such  executors,  as  aforesaid,  for  the  purpose  of 
recovering  the  amount  of  a  certain  legacy  bequeathed  to  him,  in  and 
by  the  last  will  and  testament  of  the  said  S.  T.,  deceased :  [or,  for 
the  purpose  of  recovering  the  distributive  share  of  the  property  of 
the  said  S.  T.,  deceased,  due  to  him,  the  said  A.  B.,  as  one  of  the 
sons  and  heirs  of  the  s:aid  S.  T.,  deceased :] 

Now  the  condition  of  this  obligation  is  such,  that  if  any  debts 
owing  by  the  said  deceased  shall  hereafter  be  recovered,  or  duly 
made  to  appear,  for  the  payment  of  which  there  shall  be  no  assets 
other  than  the  said  legacy,  [or,  distributive  share,]  that  then  the 
said  A.  B.  shall  refund  the  amount  that  may  be  recovered  in  any 
action  b}'-  him  against  the  said  executors,  or  such  rateable  part 
thereof,  with  the  other  legatees  [or,  representatives]  of  the  deceased, 
ns  may  be  necessary  for  the  payment  of  the  said  debts,  and  the 
eosts  and  charges  incurred  by  a  recovery  against  the  said  executors, 
en  any  suit  therefor:  [If  the  bond  is  given  hy  a  legatee,  the  following 
dame  mmt  he  added:^  And  also,  if  no  sufficient  assets  shall  remain, 
after  the  payment  of  said  legacy,  to  pay  any  other  legacy  which 
may  be  due,  that  then  the  said  A.  B.  sliall  refund  such  rateable 
part  or  proportion  thereof,  with  the  other  legatees,  or  representatives, 
-  of  the  deceased,  as  may  be  necessary  for  the  payment  of  such  other 
legacy. 

Sealed,  &c.,  [as  in  §  205.] 

§  213.  Indemnity  Bond  to  Sheriff. 
Know  all  men  by  these  presents:  That  we,  A.  B.,  C.  D.,  and 
H.  K,  are  heldj«i  firmly  bound  unto  C.  D.,  Sheriff  of  the  county 
of  ,  oWP;  [as  in  §  206  to  the  *,  and  then  add:^  Whereas 

the  above  bounden  A.  B.  did  obtain  a  judgment  in  the  Supreme 
Coui't  of  the  State  of  New  York,  on  the  day  of  , 

18      ,  against  E.  F.,  for  dollars  and  cents, 

damages  and  costs,  whereupon  execution  has  been  issued,  directed, 
and  dchvered  to  the  said  C.  D.,  Sheriff,  as  aforesaid,  commanding 
liim,  that  of  the  goods  and  chattels  of  the  said  E.  F.,  he  should  cause 
to  be  made  the  damages  and  costs  aforesaid.  And  whereas  certaiil 
goods  and  chattels  that  appear  to  belong  to  the  said  E.  F.  are 
claimed  by  L.  M.,  of,  &c. :  Now,  therefore,  the  condition  of  tliis  obh- 
gation  is  such,  that  if  tlie  above  bounden  A.  B.  shall  well  and  truly 
keep  and  bear  harmless,  and  indemnify  the  said  C.  D.,  Sheriff  as 
aforesaid,  and  all  and  every  person  and  persons  aiding  and  assisting 
liim  in  the  premises,  of  and  from  all  harm,  let,  trouble,  damages, 
costs,  sxiits,  actions,  judgments,  •  and  executions,  that  shall,  or  may, 
at  any  time  arise,  come,  or  be  brought,  agamst  him,  tliem,  or  any 


„l  BONDS.  127 

of  them,  as  well  for  the  levying  and  making  sale,  imder  and  by 
vii-tue  of  such  execution,  of  all  or  any  goods  and  chattels  which  he 
or  they  shall  or  may  judge  to  belong  to  the  said  E.  F.,  as  for  entering 
any  shop,  store,  building,  or  other  premises,  for  the  taking  of  any 
such  goods  and  chattels,  then  this  obhgation  to  be  void;  else  to 
remain  in  full  force  and  virtue. 
[Sealed,  tilic.,  as  in  §  205.] 

§  214.  Bond,  tvifh  Warrant  of  Attorney/  to  Confess  ^vdgment. 

Know  all  men,  (fee:  \as  in  §  205  to  the  *,  and  then  addf\  the 
just  and  full  sum  of  five  hundred  dollars,  on  demand,  then  the  above 
obligation  to  be  void ;  else  to  remain  in  full  force  and  virtue. 

Sealed,  (fee,  [as  in  §  205.]  A.  B.  [l;  s.] 

Whereas  I,  A.  B.,  of,  (fee,  am  held  and  firmly  bound  unto  C.  D., 
of,  (fee,  by  a  certain  bond  or  obligation,  of  this  date,  in  the  penal 
sum  of  one  thousand  dollars,  conditioned  for  the  payment  of  five 
hundred  dollars,  on  demand:  Now,  therefore,  I  do  authorize  and 
empower  any  attorney,  in  any  court  of  record  in  the  State  of  New 
York,  to  appear  for  me  at  the  suit  of  the  said  obligee,  or  his  repre- 
sentatives, in  an  action  of  debt,  and  confess  judgment  against  me 
upon  the  said  bond  or  obligation,  or  for  so  much  money  borrowed, 
of  any  term,  or  vacation  of  term,  antecedent  or  subsequent  to  this 
date ;  and  to  release  to  the  said  obligee  all  errors  that  may  intervene 
in  obtaining  said  judgment,  or  in  issmng  execution  on  the  same. 
Signed  and  sealed  this  day  of  ,  A.  D.  18     . 

In  presence  of )  A.  B.  [l.  s.] 

G.  H.         f 


§  215.  Bond  to  Execute  a  Conveyance. 

Know  all  men,  (fee,  [as  in  §  205,  to  the  condition,  and  then  addf\ 
The  condition  of  the  above  obligation  is  such,  <that  if  the  above 
bounden  A.  B.,  on  or  before  the         day  of  next,  or,  in  case  of 

his  death  before  that  time,  if  the  heirs  of  the  said  A.  B.,  within  three 
months  after  his  decease,  (if  such  heirs  shall  then  be  of  full  age,  or, 
if  within  age,  then  within  three  months  after  such  heirs  shall  be  of 
full  age,)  shsil  and  do,  upon  the  reasonable  request,  and  at  the  cost 
and  charge  of  the  said  C.  D.,  his  heirs  or  assigns,  make,  execute,  and 
deliver,  or  cause  so  to  be,  a  good  and  sufficient  warranty  deed,  in  fee 
simple,  free  from  all  incumbrance,  and  with  the  usual  covenants,  of 
the  following  described  premises,  to  wit:  all,  (fee;  [describe  pre- 
mises:'] then  the  above  obligSLtion  to  be  void;  else  to  remain  in  full 
force  and  virtue.' 

Sealed,  (fee,  \as  in  §  205.] 

J  The  above  form  may  be  reaJily  varied,  if  I  may  be  added  to  warrant  and  defend  the  obli- 
the  condition  should  be  to  procure  an  heir  at  ^ee,  in  the  quiet  enjoyment  of  the  premises, 
law  to  convey,  when  of  age  ;   and  a  clause  |  until  such  coaveyancc  be  executed. 


128  KEW  clerk's  assistakt. 

§  216.  Bond  to  discharge  Bond  and  Mortgage. 
Know  all  men  «kc. :  [as  in  §  205  to  the  condition,  and  then  add:"] 
Whereas  the  said  C.  D.  and  E.  his  wife,  have  this  day  conveyed  to 
the  said  A.  B.,  by  warranty  deed,  duly  executed,  and  bearing  even 
date  herewith,  the  following  described  premises,  to  wit:  all,  (fee, 
[describe  premises  convei/ed;'\  subject,  however,  to  the  covenants 
and  conditions  contained  in  a  certain  indenture  of  mortgage,  bearing 
date  the  day  of  ,  18     ,  executed  by  tile  said  C.  D., 

and  E.,  his  wife,  to  S.  V.  R,  of  the  city  and  county  of  Albany,  for 
the  purpose  of  securing  the  payment  of  the  sum  of  dollars,  in 

five  years  from  the  day  of  the  date  thereof,  with  semi-annual  interest, 
as  covenanted  to  be  paid  by  the  conditions  of  a  bond,  of  like  date 
tliercAvith,  executed  by  the  said  C.  D.  to  the  said  S.  V.  R.,  which 
said  mortgage  is  a  hen  upon  the  premises  aforesaid,  and  was  recorded 
in  the  office  of  the  clerk  of  the  county  of  ,  on  the  day 

of  ,  18     ,  at  pages  217  and  218  of  book  O.  of  mortgages,  at 

10  o'clock  A.  M.,  and  upon  which  there  is>  now  remaining  due  and 
unpaid,  the  said  principal  sum  of  dollars,  Avith  interest  from 

the  day  of  ,  last  past :  Now,  therefore,  the  condition  of 

the  above  obligation  is  such,  that  if  the  said  A.  B.,  his  heirs,  execu- 
tors, or  administrators,  shall  well  and  truly  pay,  or  cause  to  be  paid, 
unto  the  said  S.  V.  R,  or  his  assigns,  all  such  sum  and  sums  of 
money  as  are,  or  may  hereafter  become  due,  on  the  said  bond  and 
mortgage,  executed  by  the  said  C.  D.,  and  the  said  C.  D.,  and  E., 
his  wife,  as  aforesaid,  and  forever  satisfy  and  discharge  the  same, 
sa\dng  the  said  C.  D.,  his  heirs,  executors,  and  administrators,  harm- 
less, of  and  from  all  and  all  manner  of  costs,  charges,  and  expenses, 
in  the  premises,  then  the  above  obligation  to  be  void;  else  to  remmn 
in  full  force  and  virtue. 
Sealed,  ifec,  [as  in  §  205.] 

§  217.  Bond  of  an  Officer  of  a  Bank,  or  Company. 
Know  all  men,  <fec. :  [as  in  §  209  to  the  *,  suLslitiding  the  name 
of  the  hank  for  that  of  thexompany,  if  necessary,, and  then  add:^ 
Whereas  the  above  bounden  A.  B.  has  been  chosen  and  appointed 
cashier,  [or,  teller;  or,  treasurer,  as  the  case  may  be,]  of  the 
Company;  [or,  bank;]  by  reason  whereof  divers  sui§s  of  money, 
goods  and  chattels,  and  other  things,  the  property  of  the  said  com- 
pany,'[o?-,  bank,]  will  come  into  his  liands:  Now,  therefore,  the 
condition  of  the  above  obligation  is  such,  that  if  the  said  A.  B.,  his 
executors,  or  administrators,  at  the  expiration  of  his  said  office,  upon 
request  to  him  or  them  made,  shall  make  or  give  unto  the  said  com- 
pany, [or,  bank,]  or  their  agent,  or  attorney,  a  just  and  true  account 
of  all  such  sum  or  sums  of  money,  goods  and  chattels,  and  other 
tilings,  as  have  come  into  liis  hands,  charge,  or  possession,  as  cashier, 
\pr,  teller;  or,  treasurer,]  aa  aforesaid,  and  shall  and  do  pay  and 


I 


BONDS.  129 

deliver  over,  to  hie  successor  in  office,  or  any  other  person  duly  au- 
thorized to  receive  the  same,  all  such  balances,  or  sums  of  money, 
goods  and  chattels,  and  other  things,  which  shall  appear  to  be  in  his 
hands,  and  due  by  him  to  the  said  company;  [^or,  bank;]  and  if  the 
said  A.  B.  shall  well  and  truly,  honestly  and  faithfully,  in  all  things, 
serve  the  said  company,  [or,  bank,]  in  the  capacity  of  cashier,  [or, 
telkr;  or,  treasurer,]  as  aforesmd,  during  his  continuance  in  office, 
then  the  above  obUgation  to  be  void ;  else  to  remain  in  full  force  and 
virtue. 

Sealed,  (fee,  [as  m  §  205.] 


§  218.  Bond  of  Indemnity  to  a  Surely  in  a  Bond. 

Know  all  men,  (fee. :  [as  in  §  206  to  the  condition,  and  then  add:^ 
Whereas  the  said  C.  D.,  at  the  special  instance  and  request  of  the 
above  bounden  A.  B.,  has  bound  himself,  together  witli  the  said  A. 
B.,  unto  one  E.  F.,  of,  &c.,  in  a  certain  obligation,  bearing  even  date 
herewith,  in  the  penal  sum  of  one  thousand  dollars,  lawful  money  of 
the  United  States,  conditioned  for  the  payment  of  the  sum  of  five 
hundred  dollars,  due  and  owing  by  the  said  A.  B.  to  the  said  E.  F., 
on,  (fee. :  [as  in  the  bond;  or,  if  a  hail  bond  be  referred  to,  say  — 
conditioned  for  the  appearance  of  the  said  A.  B.,  <fec. ;  or,  conditioned 
that  the  said  A.  B.  shall  put  in  special  bail,  Ac. :]  Now,  therefore, 
the  condition  of  the  above  obligation  is  such,  that  if  the  said  A.  B. 
shall  well  and  truly  perform  and  fulfill  the  conditifjn  of  the  said  bond 
e.xecuted  to  the  said  E.  F.,  in  manner  and  form  as  he  is  therein  re- 
quired to  do,  and  at  all  times  hc^reafter  save  haimless  the  said  C.  D., 
his  heii-s,  executors  and  administrators,  of  and  from  the  said  obliga- 
tion, and  of  and  from  jUI  actions,  costs  and  damages,  for  or  by  reason 
thereof,  then  this  obligation  to  be  void ;  else  to  remain  in  full  force 
and  virtue. 

Sealed,  (fee.,  [as  in  §  205.] 


§  219.  Bond  of  Indemnity  on  Paying  Lost  Note. 
Know  all  men,  (fee. :  [as  in  §  206  to  the  *,  and  then  add:^  Whereas 
the  siiid  C.  D.,  on  tlie  day  of  ,18,  did  make,  execute 

and  deliver,  unto  the  above  bounden  A.  B.,  for  a  valuable  considera- 
tion, his  promissory  note,  for  the  sum  of  one  hundred  dollars,  written 
due  and  payable,  on  or  before  the  day  of  ,  then  next, 

with  interest,  Avhich  said  promissory  note  the.  said  A.  B.,  since  the 
delivery  of  the  same  to  him,  as  aforesaid,  has  in  some  manner,  to  him 
unknown,  lost  out  of  his  possession ;  and  whereas  the  said  C.  D.  hath 
this  day  paid  unto  the  said  A.  B.  the  sum  of  dollai-s,  the  re- 

ceipt whereof  the  said  A.  B.  doth  hereby  acknowledge,  in  full  satis- 
faction and  discharge  of  the  said  note,  upon  the  promise  of  the  said 


ISO  NEW  clerk's  assistant. 

A.  B.  to  indemnify  and  save  liarmless  the  said  C.  D.  in  the  premises, 
and  to  deliver  up  the  said  note,  Avhen  found,  to  the  Sfiid  C.  D.,  to  be 
canceled:  Now,  therefore,  the  condition  of  this  obligation  is  such, 
that  if  the  above  bounden  A.  B.,  his  heirs,  executors,  or  adminis- 
trators, or  any  of  them,  do  and  shall,  at  all  times  hereafter,  save  and 
keep  harmless  the  said  C.  D.,  his  heirs,  executors  and  administrators, 
of,  from,  and  against,  the  promissory  note  aforesaid,  and  of  and  from 
all  costs,  damages  and  expenses,  that  shall  or  may  arise  therefrom ; 
and  also  deliver,  or  cause  to  be  delivered  up,  the  said  note,  when 
found,  to  be  canceled,  then  this  obligation  to  be  void ;  else  to  remain 
in  full  force  and  virtue. 
Sealed,  &c.,  [as  in  §  205.] 


A.  B. 
E.  F. 


L.  S. 


§  220.  Bond,  for  Performance,  to  he  Endorsed  on  a  Contract, 
or  Agreement. 

Know  all  men,  &c. :  \as  in  §  20G  to  the  condition,  and  then  add:'\ 
The  condition  of  this  obhgation  is  such,  that  if  the  above  bounden 
A.  B.,  his  executors,  administrators,  or  assigns,  shall,  in  all  things, 
stand  to  and  abide  by,  and  well  and  truly  keep  and  perform,  the 
covenants,  conditions  and  agTcements,  in  the  within  instrument  con- 
tained, on  his  or  their  part  to  be  kept  and  performed,  at  the  time, 
and  in  the  manner  and  form  therein  specified,  then  the  above  obliga- 
tion shall  be  void ;  else  to  remain  in  full  force  arid  virtue. 
Sealed,  &c.,  [as  in  §  205.] 


§  221.  Bottomry  Bond. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  master,  and  one- 
third  owner,  of  the  ship  Isabella,  for  myself  and  C.  D.,  who  owns 
the  other  two-thirds  of  said  ship,  am  held  and  firmly  bound,  unto  E. 
F.,  in  the  penal  sum  of  two  thousand  dollars,  lawful  money,  for  the 
payment  of  which  to  the  said  E.  F.,  his  heirs,  executons,  adminis- 
trators, or  assigns,!  hereby  bind  myself,  ray  heirs,  executors  and 
administrators,  fii-mly  by  these  presents. 

Sealed  witli  my  seal.     Dated  the  day  of  ,  A.  D.  18     . 

Whereas  the  above  bounden  A.  B.,  hath  taken  up  and  received,  of 
the  said  E.  F.,  the  just  and  full  sum  of  one  thousand  dollars,  wliich 
sum  is  to  run  at  respondentia,  on  the  block  and  freight  of  the  said 
Isabella,  whereof  the  said  A.  B.  is  now  master,  from  the  port  of  , 
on  a  voyage  to  the  port  of  ,  having  permission  to  touch,  stay  at, 
and  proceed  to  call,  at  all  ports  and  places  within  the  limits  of  the 
voyage,  at  the  rate  or  premium  of  per  cent,  for  the  voyage :  In 

consideration  whereof,  iLsual  risks  of  the  sea,  rivers,  enemies,  fires, 


BONDS.  131 

pirates,  &c.,  are  to  be  on  account  of  tlie  said  E.  F.  And  for  further 
security  of  the  said  E.  F.,  the  said  A.  B.  doth,  by  these  presents, 
mortgage  and  assign  over,  to  the  said  E.  F.,  his  heirs,  executors,  ad- 
ministrators and  assigns,  the  said  sliip  Isabella  and  her  freiglit, 
together  ■with  all  her  tackle,  apparel,  <fec. :  And  it  is  hereby  dechu-ed, 
that  the  said  ship  Isabella,  and  her  freight,  is  thus  assigned  over,  for 
the  security  of  the  respondentia  taken  up  by  the  said  A.  B.,  and  shall 
be  deUvered  to  no  other  use  or  purpose  whatever,  untU  payment  of 
tliis  bond  is  fLrst  made,  with  the  premium  that  may  become  duo 
thereon. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the 
above  bounden  A.  B.,  liis  heirs,  executors,  or  administrators,  shall 
and  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  E.  F., 
or  to  liis  attorneys,  legally  authorized  to  receive  the  same,  liis  or  their 
executors,  administrators,  or  assigns,  the  just  and  fuU  sum  of  one 
thousand  dollars,  being  the  principal  of  tliis  bond,  together  with  the 
premium  which  shall  become  due  thereon,  at  or  before  the  expiration 
of  twenty  days  after  the  arrival  of  the  said  ship  Isabella  at  the  port 
of  ;  or,  in  case  of  the  loss  of  the  said  ship,  such  an  average 

as  by  custom  shall  have  become  due  on  the  salvage,  then  this  obliga- 
tion is  to  be  void ;  otherwise  to  remain  in  full  force  and  virtue. 

Having  signed  to  three  bonds  of  the  same  tenor  and  date,  the  one 
of  Avhich  being  accomplished,  the  other  two  to  be  void  and  of  no 
eflfect. 

Sealed  and  delivered,  [  A.  B.,  for  self  and  C.  D.  [l.  s.] 

in  presence  of  j 

G.  H. 


CHAPTER  XI 

CLEEKS  AND    CEIEES. 

PRACTICAL-  REMARKS. 

1.  Clerks  of  counties  are  elected  to  serve  for  three  years,  and 
must  reside  in  the  county,  or  city,  in  wliich  the  duties  of  the  office 
are  required  by  law  to  be  executed.' 

2.  The  Clerks  of  counties,  and  of  all  courts  in  this  State,  are  re- 
quired to  keep  their  offices  open  for  the  transaction  of  business, 
every  day  in  the  year,  except  Sundays  and  the  fourth  of  July:  in 
the  city  of  Xew  York,  from  nine  o'clock  in  the  forenoon  to  four 
o'clock  in  the  afternoon,  and  in  all  other  pai-ts  of  the  State,  from 
nine  to  twelve  o'clock  in  the  forenoon,  and  from  two  to  five  o'clock 
in  the  afternoon." 

3.  Any  Clerk  of  a  Court  of  Record  may  administer  oaths,  and 
take  affidavits,  in  any  cause,  matter  or  proceeding,  except  where  the 
Jaw  requires  the  same  to  be  administered,  or  taken,  before  particu- 
lar officers.' 

4.  Every  County  Clerk  is  required  to  appoint,  in  -writing,  some 
proper  person  to  be  deputy  clerk  of  his  county,  to  hold  during  his 
pleasure,  who  must  take  the  constitutional  oath  of  office.  When- 
ever the  County  Clerk  is  absent  from  his  office,  or  is  unable  to 
attend  to  his  duties,  the  deputy  is  authorized  to  act  in  his  stead, 
except  in  deciding  on  tlie  sufficiency  of  sureties  for  any  officer. 
The  deputy  may  perform  all  the  duties  where  the  office  of  the 
Comity  Clerk  becomes  vacanf* 

6.  Clerks  of  counties  are,  by  virtue  of  their  offices,  clerks  of  all 
Circmt  Courts,  Courts  of  Oyer  and  Terminer,  and  Coimty  Courts, 
held  within  their  respective  counties.^ 


1  Amended  Constitution  of  New  York, 
Art.  X,  U  ;  1  R.  S.  (.3d  ed.)  105,  §17;  11 
Wendell,  511. 

"2R.  S.  (3ded.)384,  §61. 

•2R.  S.  (3de«l.)383,§66  7  Wendell,  516; 
4  Paige,  M& 


«  1  R.  S.  (3d  ed.)  431,  §§  81-84  :  Laws  of 
1831,  chap.  2.37. 

6  Laws  of  1817,  chap.  230 :  Id.,  chap.  470  ; 
Laws  of  1&19,  chap.  43* 


CLERKS    AND    CRIERS.  138 

6.  Two  constables,  selected  by  the  SheriflF  of  the  counxy  iu  which 
any  term  of  the  Court  of  Appeals  or  Supreme  Court  is  held,  act  as 
the  Criers  of  such  Court.'  Criers  of  other  Courts  are  appointed  by 
the  respective  Courts  of  which  they  are  officers." 


FORMS. 

§  222.  Proclamation  on  Opening  Court. 
Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  that  have  any 
business  to  do  at  this  Circuit  Court  and  Court  of  Oyer  and  Termi- 
ner, held  in  and  for  the  county  of  ,  let  them  draw  near  and 
give  their  attendance,  and  they  shall  be  heard. 

§  223.  For  Sheriff  to  Beturn  Process. 
SheriflF  of  the  county  of  :  Return  the  writs  and  pre- 

cepts to  you  directed  and  delivered,  and  returnable  here  this  day, 
that  the  court  may  proceed  thereon. 

§  224.  Before  Calling  Grand  Jury. 
YoUj  good  men,  who  are  here  returned  to  inquire  for  the  people 
of  the  State  of  New  York,  for  the  body  of  the  county  of  : 

answer  to  your  names,  every  man,  at  the  first  call,  and  save  your 
fines.     [  Call  them  one  by  one  in  their  order.^ 

§  225.  For  Silence  on  Charging  Grand  Jury. 
All  pei^sons  are  strictly  charged  and  commanded  to  keep  silence, 
while  the  court  is  giving  the  charge  to  the  grand  jury,  on  pain  of 
imprisonment 


§  226.   To  return  Mecognizances,  <£-c. 
All  Justices  of  the  Peace,  Coroners,  Sheriffs,  and  other  officersi, 
who  have  taken  anj'^  recognizances,  examinations,  or  other  matters: 
return  the  same  to  the  court  hero,  that  they  may  proceed  thereon. 


§  227.  Before  C(dUng  Petit  Jury. 
Hear  ye,  hear  ye,  hear  ye :  You,  good  men,  who  are  here  returned, 
to  try  the  several  issues  to  be  tried  at  this  Circuit  Court  and  Court 
of  Oyer  and  Terminer,  held  in  and  for  the  county  of  ,  answer 

to  your  names  at  the  first  call,  and  save  your  tines. 

1  Laws  oflS  17,  chap.  429.  |     »  Laws  of  1812,  chap.  202. 


1S4  NEW  clerk's  assistant. 

§  228.  For  Imposing  Fines. 
Hear  ye,  near  ye,  hear  ye :  The  court  have  imposed  a  fine  of 
dollars,  upon  each  of  the  folloAving  persons,  for  non-attendance  as 
grand  jurors,  \or,  petit  jurors;  or,  constables,]  at  this  court,  to  wit: 
A.  B.,  of  ,  &c,  &c. 


§  229.  For  Persons  to  Appear  on  Recognizances. 
Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  who  are  bound 
by  recognizances  to  prosecute,  or  prefer,  any  bill  of  indictment, 
against  any  prisoner  or  other  person,  let  them  come  forth  and  prose- 
cute, or  they  wUl  forfeit  their  recognizances* 


§  230.  For  Persons  Bound  to  Answer. 
Hear  ye,  hear  ye,  hear  ye :  A.  B.,  come  forth  and  answer  to  your 
name,  and  save  yourself  and  bail,  or  you  will  forfeit  your  recognizance. 

§  231.  For  Bail  to  Produce  Principal. 
Hear  ye,  bear  ye,  hear  ye :  C.  D.  and  E.  F.,  bring  forth  A.  B., 
your  principal,  whom  you  have  undertaken  to  have  here  tliis  day,  or 
you  will  forfeit  your  recognizance. 


§  232.  For  Discharge  of  Persons  against  whom  no  Bills  are  found. 
Hear  ye,  hear  ye,  hear  ye :  If  any  man  can  show  cause  why  A.  B. 
should  stand  longer  bound,  [or,  imprisoned,]  let  him  come  forth,  ana 
he  shall  be  heard,  for  he  stands  upon  his  discharge. 


§  233.  Discharge. 
Hear  ye,  hear  ye,  hear  ye :  No  cause  being  shown  why  A.  B. 
should  longer  remain  in  custody  of  the  Sheriff  of  the  county  of         , 
he  is  discharged. 


§  234.  For  Jury  in  a  Civil  Cause. 
Hear  ye,  hear  ye,  hear  ye :  You,  good  men,  who  arc  here  empan- 
nelled  and  returned,  to  try  tliis  issue,  joined  between  A.  B.,  plaintiff, 
and  C.  D.,  defendant,  answer  to  yom*  names  as  you  are  called,  and 
save  your  fines. 


§  235.  For  Defendant  on  an  Inquest. 
C.  D.,  come  forth  and  make  your  challenges,  or  you  will  lose  your 
eiiaUenges,  and  inquest  will  be  taken  agamst  you  by  default. 


n.ERKS  AND  CRIERfl.  ISf 

§  236.  For  Plaintiff  to  A-opear  and  Prosecute. 
A.  B.,  appear  and  prosecute  v  ar  action,  or  your  default  will  be 
entered. 


§  237.  For  Adjournment. 
Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  who  have  any 
furtlier  business  to  do  at  this  Circuit  Court,  and  Court  of  Oyer  and 
Terminer,  may  depart  hence,  and  appear  here  again  to-morrow  morn- 
ing, at         o'clock,  to  wliich  time  these  courts  are  adjourned. 


§  238.  For  Opening  Court  after  Adjournment. 
Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  who  have  been 
a^ijourned  over  to  this  hour,  and  have  any  further  business  to  do  at 
this  Circuit  Court,  and  Court  of  Oyer  and  Terminer,  may  draw  near, 
and  give  their  attendance,  and  they  shall  be  heard. 


§  239.    Calling  a  Witness  to  answer  on  a  Subpoena. 
D.  M.,  come  forward  and  testify  in  this  issue,  joined  between  A.  B. 
plaintiff,  and  C.  D.,  defendant,  according  to  the  command  of  a  sub- 
poena therein  served  on  you,  or  your  default  will  be  entered. 


§  240.    Oath  of  a  Witness  to  give  Evidence. 
You  do  swear,  that  the  evidence  you  shall  give  in  this  matter  in 
diflFerence,  bet^veen  A.  B.,  plaintiff,  and  C.  D.,  defendant,  shall  be 
the  truth,  the  whole  truth,  and  nothing  but  the  truth.     So  help  you 
God.' 


§  241.   The  Same,  by  the  Uplifted  hand. 

You  do  swear,  in  the  presence  of  the  ever-living  God,  that»  &c., 
[as  in  §  240  to  the  end.^ 


§  242,  Affirmation  of  Witness. 

You  do  solemnly,  sincerely,  and  truTy  declare  and  affirai,  that,  (fee, 
jis  in  §  240  to  the  end.^ 


»  Wiiere  an  oath  is  administered  to  a  Jew,  Jehovah  should  bo  substituted  for  God. 


186 


NEW    clerk's    assistant. 


§  243.  Oath  of  the  Foreman  of  the  Grand  Jury} 
Toil,  as  foreman  of  tliis  grand  inquest,  shall  diligently  inquire,  and 
true  presentment  make,  of  all  such  matters  and  things  as  shall  be  given 
to  you  in  charge ;  the  counsel  of  the  people,  of  your  fellows,  and  your 
own,  you  shall  keep  secret:  you  shall  present  no  one  from  envy^ 
hatred,  or  maUce;  nor  leave  any  one  unpresented,  for  fear,  favor 
affection,  reward,  or  the  hope  of  reward;  but  you  shall  present  all 
tilings  truly,  as  they  come  to  your  knowledge,  accoi'ding  to  the  best 
of  your  understanding.     So  help  you  Grod. 


§  244.    Oath  of  Grand  Jurors. 
The  same  oath  your  foreman  has  taken  on  his  part,  you  and  each 
of  3'ou  shall  truly  observe  and  keep  on  your  part.     So  help  you  God- 


§  245.    Of  Petit  Jurors  in  Civil  Causes} 
You,  and  each  of  you,  shall  well  and  truly  try  the  several  issues 
which  you  shall  have  in  charge  at  this  Circuit  Court,  and  true  ver- 
dicts give  in  them,  respectively,  according  to  evidence.     So  help  you 
God. 


§  246.    Of  Triers  in  a  Civil  Cause,  upon  a  Challenge  for  favor. 

You  shall  well  and  truly  try,  and  truly  find,  whether  E.  F.,  the 
juror  challenged,  stands  indifferent  between  A.  B.,  plaintiff,  and  C. 
D.,  defendant,  in  the  issue  about  to  be  tried.     So  help  you  God. 


§  247.   Of  Witness  on  a  Challenge. 
You  shall  true  answers  make,  to  such  questions  as  shall  be  put  to 
you  toucliing  the  challenge  of  E.  F.,  a  jiu-or.     So  help  you  God. 


§  248.    Of  Witness  in  a  Civil  Cause. 
The  evidence  you  shall  give  in  this  issue,  joined  between  A.  B., 
plaintiff,  and  C.  D.,  defendant,  shall  be  the  truth,  the  whole  truth, 
and  nothing  but  the  truth.     So  help  you  God. 


1  Where  the  juror  affirms,  or  swears  by  the 
uplifted  hand,  this  oath  and  the  succeediitj 
ene,  (§  244,)  should  be  administered  as  fol- 
lows, viz  :  •'  You  do  solemnly,  sincerely,  and 
truly  declare  and  affirm,  that  as  foreman  of 
this  grand  inquest,  you  will  diligently  inquire 
&,c;"  or,  "  You  do  swear  in  the  presence  of 


the  ever-living  God,  that  the  same  oath  ynur 
foreman  has  taken  on  his  part,  you  [and  each 
of  you]  will,  Ac." 

a  This  and  the  succeeding  fomis  should  be 
varied,  if  necessary,  in  the  manner  jwinted 
out  in  the  note  to  §  243. 


CLERKS  AND  CRIERS.  13? 

§  249.   Of  Interpreter. 
You  shall  truly  interpret  between  the  coui-t,  the  jury,  the  cotmsel, 
and  the  -witness,  in  this  issue  joined  between  A.  B.,  plaintiff,  and  C. 
D.,  defendant     So  help  you  God. 


§  250.   Of  Interpreter  to  a  Deaf  and  Dumb  Witness. 
You  shall  weU  and  truly  interpret  between  the  court,  the  jury,  the 
counsel,  and  the  witness,  E.  R,  here  produced  in  behalf  of  A.  B.,  in 
this  issue  joined  between  A.  B.,  plaintiff,  and  C.  D.,  defendant     So 
help  you  God. 


§  251.    Voire  Dire. 
You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  touching  your  interest  in  the  event  of  this  cause.     So  help  you 
God. 


§  252.   Oath  of  Party,  or  Interested  Witness,  to  Admit  Evidence 

of  the  Contents  of  a  Paper  not  Produced. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 

you,  touching  the  power  or  control  you  have  over  any  paper,  \^or, 

the  loss  or  destruction  of  any  paper,]  which  would  be  proper  evidence 

in  this  cause.     So  help  you  God. 


§  253.  Of  a  Party,  or  Interested  Witness,  Preliminary  to  Proving 
the  Hand  Writing  of  a  Subscribing  Witness. 
You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  touching  your  \or,  the  plaintiff's;  or,  defendant's]  ability  to 
procure  the  attendance  of  G.  H.,  a  subscribing  witness  to  this  paper, 
\or,  the  paper  m  question.]     So  help  you  God. 


§  254.  Of  Constables,  on  Retiring  with  a  Jury,  or  Jurors, 

on  leave. 

You  shall  retire  with  such  jurors  as  have  leave  of  absence  from 

tliis  court ;  you  shall  not  speak  to  them  yourself  in  relation  to  this 

trial,  nor  suffer  any  person  to  speak  to  them :  and  you  shall  retiun 

vith  them  without  delay.     So  help  you  Gt)d. 


§  255.  Of  Constables,  to  Keep  Jury  on  an  Adjournment. 
You  shall  retire  with  the  jury  to  some  convenient  room,  to  be  fur- 
nished by  the  Sheriff ;  you  shall  not  suffer  any  person  to  speak  to 


138  KEW  clerk's  assistant. 

them,  ncr  speak  to  them  yourself  in  relation  to  this  trial,  and  return 
with  them  at  the  order  of  the  court.     So  help  you  God. 


§  25o.   Of  Constable  who  Attends  the  Jury,  when  they  retire  to 
consider  of  the  Verdict  in  Civil  and  Criminal  Cases. 

You  shall  well  and  truly  keep  every  person  sworn  on  this  jurj^  in 
some  private  and  convenient  place,  without  meat  or  drink,  water  ex- 
cepted ;  you  shall  not  suffer  any  person  to  speak  to  them,  or  speak 
to  them  youi'self,  without  leave  of  the  court,  except  it  be  to  ask  thera 
whether  they  have  agreed  on  their  verdict,  until  they  have  agreed 
on  their  verdict     So  help  you  God. 

§  257.    Oath  on  Application  to  JExctise,  or  Discharge,  a  Juror 
or  Constable. 

You  shall  true  answers  make  to  such  questions  as  shall  be  p\it  to 
you,  touching  your  application  [o?*,  the  application  for  and  in  behalf 
of  E.  F.,]  to  be  discharged  [or,  excused]  from  attendance  as  a  juror 
[or,  constable]  at  tliis  court.     So  help  you  God. 


§  258.  On  Application  of  Juror,  or  Constable,  for  a  Re' 
mission  of  Fine. 
You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  touching  your  application  \or,  the  appHcation  for  and  in  behalf 
of  E.  F.]  for  the  remission  of  your  \or,  his]  fine,  for  default  in  attend- 
ing as  a  juror,  \_or,  constable,]  at  this  [or,  the  last]  term  of  this 
coiirt     So  help  you  God. 


8  259.   Oath  of  Poor  Witness,  on  Application  for  Expenses. 
You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  touching  your  appUcation   for  the  expenses  of  your  attendance 
at  this  court,  as  a  witness  in  behalf  of  the  people  of  this  State,     So 
help  you  God. 

§  260.  Of  Applicant  for  Pension. 
You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  touching  your  application  for  a  pension.     So  help  you  God. 

§  261.  Of  Witness,  on  ApjMcation  for  a  Pension. 
You  shall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  in  the  matter  of  the  application  of  R.  S.,  for  a  pension.     So  help 
you  God. 


CLERKS    AND    CRIERS.  139 

§  262.  Of  Witness  on  the  Trial  of  a  Justice,  on  Charges. 
The  evidence  you  shall  give  between  the  people  of  the  State  of 
New  York  and  G.  H.,  on  charges  made  against  him  as  a  Justice  of 
the  Peace,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth.     So  l^elp  you  God. 


§  263.  Proclamation  of  Arraignment  for  Felony. 
All  persons  are  strictly  charged  and  commanded,  to  keep  silence, 
wliiie  the  court  proceed  to  an-aign  the  prisoners  on  indictments  for 
felony. 

§  264.  Proclamation  for  Petit  Jury  on  the  same. 
You,  good  men,  who  are  here  returned  to  inquire  between  the 
people  of  the  State  of  New  York,  and  A.  B.,  the  prisoner  at  the  bar, 
answer  to  your  names  as  you  are  called,  and  save  your  fines. 


§  265.  Clerk's  Address  to  the  Prisoner,  hefore  calling  the  Jury. 

A.  B. :  These  good  men  that  you  shall  now  hear  called,  are  the 
jurors  who  are  to  pass  between  the  people  of  the  State  of  New  York 
and  you;  \or,  if  a  capital  case,  to  pass  upon  your  life  and  death;] 
if,  therefore,  you  will  challenge  them  as  they  come  to  the  book  to  be 
sworn,  and  before  they  are  sworn,  you  shall  be  heard.  ^The  crier 
then  calls  the  jurors,  one  at  a  time,  as  they  are  drawn  by  the  Clerk; 
and  when  the  jnror  comes  to  the  stand,  and  is  ready  to  be  sworn,  the 
Clerk  says:  Juror, look  upon  the  prisoner  —  Prisoner,  look  upon  the 
Juror.] 


§  266.  Juror's  Oath  on  a  Trial  for  Felony. 
You  shall  well  and  truly  try,  and  true  deliverance  make,  between 
the  people  of  the  State  of  New  York,  and  A.  B.,  the  prisoner  at  the 
bar,  whom  you  shall  have  in  charge,  and  a  true  verdict  give,  accord- 
ing to  the  evidence.     So  help  you  God. 


§  267.   Trier's  Oath  on  a  Challenge  to  the  Favor. 
You  shall  well  and  truly  tiy  and  find,  whether  C.  D.,  the  jurw 
challenged,  stands  indift'erent  between  the  people  of  the  State  •  >f 
New  York  and  the  prisoner  at  the  bar.     So  help  you  God. 


§  263.  Finding  of  the  Triers. 
The  finding  is;  that  he  stands  indififerent,  [or,  not  indifferent] 


140  NKw  clerk's  assistant. 

§  269.  Oath  of  a  Witness  before  the  Triers. 
You  sliall  true  answers  make  to  such  questions  as  shall  be  put  to 
you,  touching  the  challenge  of  E.  F.,  as  a  juror.     So  help  you  GoA 


§  270.  Prodamation  Requiring  a  Witness  under  Recognizance, 
to  Appear  and  Testify. 

Hear  ye,  hear  ye,  hear  ye :  G.  H.,  who  is  bound  by  recognizance 
to  give  evidence  against  A.  B.,  the  prisoner  at  the  bar,  come  forth, 
answer  to  your  name,  and  give  evidence,  or  you  will  forfeit  your  re- 
cognizance. 


§  271.   Oath  of  a  Witness  on  a  Trial  for  Felony. 
The  evidence  you  shall  give  between  the  people  of  the  State  of 
New  York,  and  A.  B.,  the  prisoner  at  the  bar,  shall  be  the  truth,  the 
whole  truth,  and  nothing  but  the  truth.     So  help  you  God. 


§  272.  Proclamation  before  Sentence  Pronounced. 
Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  are  commanded 
to  keep  silence,  while  judgment  is  given  against  the  prisoner  at  the 
bar,  upon  pain  of  imprisonment 


§  273.  Proclamation  before  calling  Jury  on  a  Misdemeanor. 
You,  good  men,  who  are  here  returned  to  try  tliis  issue  of  traverse, 
between  the  people  of  the  State  of  New  York,  and  A.  B.,  the  defend- 
ant, answer  to  your  names  as  you  are  called,  and  save  your  fines. 


§  274.  Juror's  Oath,  on  a  Trial  for  a  Misdemeanor. 
You  shall  wxU  and  truly  try  this  issue  of  traverse  between  the 
people  of  the  State  of  New  York,  and  A.  B.,  the  defendant,  and  a 
true  verdict  give  therein,  according  to  the  evidence.      So  help  you 
God. 


§  275.  Oath  of  a  Witness  on  a  Trial  for  a  Misdemeanor. 
The  evidence  you  shall  give  in  this  issue  of  traverse,  between  the 
people  of  the  State  of  New  York,  and  A.  B.,  the  defendant,  shall 
be  the  truth,  the  whole  truth,  and  nothmg  but  the  truth.     So  help 
you  God. 

§  276.  Clerk's  Address  on  Taking  Recognizance  of  Prisoner. 
You,  and  each  of  you,  acknowledge  yourselves  to  be  indebted  to 
the  people  of  the  State  of  New  York,  to  wit:  You,  A.  B.,  m  the 


CLERKS   AND    CRIERS.  141 

sum  of  one  hundred  dollars :  and  you,  C.  D.,  in  the  sum  of  one  Imn- 
drcd  dollars,  to  be  levied  of  your,  and  each  of  your  goods  and  chat- 
tels, lands  and  tenements,  to  the  use  of  the  said  people,  if  default 
shall  be  made  in  the  condition  following,  to  wit:  The  condition  of 
this  recognizance  is  such,  that  if  A.  B.  shall  appear  at  the  next  court 
[or,  from  day  to  day  during  the  sitting  of  this  court,]  of  [state  the 
cottrffi  to  be  held  in  and  for  the  county  of  ,  then  and  there*  to 

answer  and  stand  trial  upon  a  certain  indictment  against  liim  for  fel- 
ony, [or,  ivhatever  may  be  the  offence ;'\  not  to  depart  the  court  without 
leave,  and  to  abide  its  order  and  decision,  then  this  recognizance  to 
be  void ;  otherwise  to  remain  in  full  force  and  virtue.  Are  you  and 
each  of  you  content? 

§  277.   The  Same,  on  Recognizance  of  Witness. 
You,  <fec.,  [  as  in  §  276,  to  the  *,  and  then  add:'\  to  testify  on  the 
trial  of  a  certain  indictment  against  E.  F.,  for  felony,  [or,  whatever 
may  be  the  offence ;'\  not  to  depart  the  court  without  leave,  tkc,  [as 
in  §  276.] 


§  278.   The  Same  on  Recognizance  to  Keep  the  Peace,  or  for  Good 

Behavior. 
You,  dec,  [as  in  §  276,  to  the  *,  and  then  add:^  to  answer  and 
stand  trial  upon  a  certain  indictment  against  him,  for  [state  the  offence ;~\ 
and  shall  also  in  the  meanwhile  keep  the  peace  towards  S.  T.,  and 
all  the  other  good  people  of  tliis  State,  [or,  and  shall  also  in  the 
meanwhile  be  of  good  behavior,]  then,  &c.,  [as  in  §  276.] 


§  279.    Commencement  of  Address  where  there  is  no  Surety. 
You  acknowledge  yourself  to  be  indebted  to  the  people  of  the 
State  of  New  York,  in  the  sum  of  one  hundred  dollars,  to  be  levied 
of  your  goods,  <fcc.,  [as  in  either  of  the  preceding  forms^ 


§  280.    Calling  Constables. 
Constables  of  the  County  of         :  Answer  to  your  names,  every 
man,  at  first  call,  and  save  your  fines. 


§  281.    Cleric's  Entry  on  Issxdng  Attachment  against  a  Witness. 
The  People,  )      On  reading  and  filing  an  affidavit  of  the  due  ser- 
against        >  ^^ce  of  a  subpoena  on  E.  F.,  to  appear  here  this  day 
A.  B.         3  as  a  witness  on  the  trial  of  this  indictment,  and  he 
being  called  and  not  appearing,  on  motion  of  E.  W.  A.,  Esq.,  Dis- 
trict Attorney,  it  is  ordered  that  an  attachment  issue  against  the  said 
E.  F. 


142  KEW  clerk's  assistant. 

§  282.  Arraignment  of  a  Party  indicted,  after  reading  Indictment. 
Do  you  demand  a  trial  on  tliis  indictment  ? 


§  283.  Taking  Verdict  on  a  Trial  for  Felony,  or  Murder. 
Gentlemen  of  the  jury:  Please  answer  to  your  names.  [Call 
them  one  by  one.'\  Have  you  agreed  upon  your  verdict  ?  \^After 
the  answer,  say;]  Jurors,  Jook  upon  the  Prisoner.  Who  shall  say 
for  you?  [The  foreman  rises.~\  Hoav  say  you;  do  you  find  the 
prisoner  at  the  bar  guilty  of  the  felony  [and  murder,  if  necessary,'] 
whereof  he  stands  indicted ;  or  not  guilty  ?  [  The  foreman  answers: 
guilty;  or,  not  guilty.-  The7i  the  Clerk  adds  .'I  Hearken  to  your 
verdict,  gentlemen,  as  the  court  has  recorded  it :  You  say,  you  find 
the  prisoner  at  the  bar  guilty  [or,  not  guilty]  of  the  felony  [and 
miu'der,  if  necessary,']  Avhereof  he  stands  indicted ;  and  so  you  say  alL 


§  284.  Polling  Jury  in  the  Same. 
[  When  the  polling  of  the  jury  is  demanded,  the  Clerk  toill  hegin 
with  the  first  name  on  the  ^^anel:]  A.  B.,  how  do  you  find  the  priso- 
ner at  the  bar;  guilty  or  not  guilty?  [When  the  foreman  has  an- 
swered, call  the  next  juror  as  follows:]  C.  D.,  is  that  your  verdict? 
[Then  proceed  in  the  same  manner,  through  the  ivhole  panel,  and 
when  all  have  answered,  say:]  Then,  gentlemen  of  the  jury,  hearken 
to  your  verdict  as  the  court  has  recorded  it.  You  say  you  find  the 
prisoner  at  the  bar*  guilty  of  the  felony  [and  murder,  if  necessary,] 
whereof  he  stands  indicted,  and  so  you  say  all. 


§285.  Taking  Verdict  in  other  Criminal  Ca^es. 
Gentlemen  of  the  jury:  Please  answer  to  your  names.  [Call 
them  one  by  one^  Have  you  agreed  upon  your  verdict?  [After 
the  ansiver,  or  affirmative  assent,  is  given,  say:]  Who  shall  say  for 
you?  [2'he  foreman  rises.]  How  say  you;  do  you  find  the  priso- 
ner at  the  bar  guilty  of  the  misdemeanor  [or,  assault  and  battery, 
and  riot ;  or,  riot ;  or,  offence ;  or,  crime]  whereof  he  stands  indicted ; 
or  not  guilty?  [The  foreman  ansivers:  guilty;  or,  not  guilty.  Then 
the  Clerk  adds :]  Hearken  to  your  verdict,  gentlemen,  as  the  court 
has  recorded  it.  You  say  you  find  the  prisoner  at  the  bar  guilty 
[or,  not  guilty]  of  the  misdemeanor  [or,  assault  and  battery,  and 
riot;  or,  riot;  or,  offence;  or,  crime]  whereof  he  stands  indicted* 
and  so  you  say  alL 


CLERKS  AND  CRIERS.  143 

§  286.  Polling  Jury  in  the  Same. 
[Proceed  as  in  §  2?  t  /o  the  *,  and  then  add:]  guilty  of  the  mis- 
demeanor [or,  assault  and  battery,  and  riot;  or,  riot;  or,  oflFence;  or 
crime]  whereof  he  stands  indicted;  and  so  you  say  all. 


§  287.  Taking  Verdict  in  a  Civil  Cause. 
Gentlemen  of  the  jurj':  Please  answer  to  your  names.  [Call 
them  one  by  one]  Have  you  agreed  upon  your  verdict?  *  How 
do  you  find  ?  [  The  foreman  states  the  finding  of  the  jury ;  the  Clerk 
then  enters  the  verdict,  and  continues :]  Gentlemen,  listen  to  your 
verdict  as  it  stands  recorded.  You  say  you  find,  &c.,  [as  the  finding 
may  be;]  and  so  you  say  all. 


§  288.  Entry  of  Verdict 
Supreme  Court, 

A.  B.  )      County  of  .     At  a  Circmt  Court  held 

against         >  held  in  and  for  said  county,  on  the  day 

CD.  )  of  ,  18      ,  before  J.  M.,  Esquire,  Justice. 

JURORS. 

[Insert  oiames^ 

WITNESSES.      . 

[Insert  names^ 
Verdict  for  defendant,  [or,  verdict  for  plaintiff,  damages  $  ; 

or,  verdict  for  plaintiff  against  defendant,  C.  D.,  damages  %  , 

and  verdict  for  the  defendant  E.  F. ;  [or,  if  it  be  a  special  verdict, 
insert  the  same  at  length^  E.  B.  C,  Clerk. 


§  289.  Entry  of  Verdict,  tcith  Assessment  of  Value  of  Personal 

Property. 
Supreme  Court, 

A.  B.  )        County  of,  drc,  [a.7  in  the  preceding  form,  to 

against         y  the  *,  and  then  add:]  and   the   jury  assess  the 
C.  D.  )  value  of  the  said  [mention  the  property  in  ques- 

tion] at  dollars:  [If  necessary,  add:  and  they  further  assess 

the  damages  of  the  said  defendant  by  occa.sion  of  the  delivery  and 
detention  of  the  said  property,  at  dollars.] 

E.  B.  C,  Clerk 


§  290.  Entry  of  Judgment. 
Supreme  Court, 

A.  B.  )      Judgment, 

against         \  January  1,  1849. 

C.  D.  )      This  cause  being  at  issue  upon  the  facts,  and  a 

trial  by  jury  having  been  had,  on  which  a  verdict  was  foimd  for  the 


144  NEW  clerk's  assistant. 

plaintiff,  that,  &c.,  [state  the  finding;  or,  if  there  was  no  jury,  say: 
and  the  same  having  been  submitted  to  the  court,  verdict  was  ren- 
dered, &c.] 

Now,  on  motion  of  G.  H.,  attorney  for  the  plaintiff,  it  is  ordered 
and  adjudged  by  the  said  court,  tliat,  &c.,  [as  the  verdict  may  5e.] 

E.  B.  C,  Clerk 


§  291.  Taking  Verdict  where  Personal  Property  is  in   Question. 

Gentlemen  of,  <fec.,  [as  in  §  287,  to  the  *,  and  then  add:^  How  do 
you  find?  [The  foreman  answers:  We  find  the  title  of  the  horse 
in  question  to  be  in  the  plaintiff,  and  assess  the  value  thereof  at  one 
hundred  dollars.  The  Clerk  enters  the  verdict,  and  then  adds  .'I  Gen- 
tlemen, listen  to  your  verdict  as  it  stands  recorded.  You  say  you 
find,  (fcc,  [as  above;]  and  so  you  say  all 


§  292.  Taking  Verdict  in  Actions  for  Damages. 
Gentlemen  of,  (fee,  [as  in  §  287  to  the  *,  and  then  add:]  How  do 
Toufind?  [The  foreman  a7iswers:  We  fmdior  the  defendant;  or, 
vVe  find  for  the  plaintiff  one  hundred  dollars  damages  and  six  cents 
.:osts.  The  Clerk  enters  the  verdict,  and  again  repeats  the  finding, 
ind  makes  the  inquiry,  as  in  §  287.] 


§  293.  Taking  Verdict  in  Cases  of  Lunacy,  <kc. 
Gentlemen  of,  ifec,  [as  in  §  287  to  the  *,  and  then  add:]  How 
do  you  find?  [The  foreman  answers:  We  find  that  A.  B.  is  a  lu- 
natic, of  unsound  mind,  and  incapable  of  managing  or  conducting  liis 
affairs;  or,  that  A.  B.  was  of  unsound  mind,  at  the  time  of  the  exe- 
cution of  the  will,  [or,  deed,]  in  question,  to  wit:  on  the  day  of 
,18  ,  and  incompetent  to  execute  the  same;  or,  that 
A.  B.  was  of  unsound  mind,  and  incompetent  to  contract  matrimony, 
at  the  time  of  the  solemnization  of  the  mari-iage  to  E.  D.,  to  wit:  on 
the  day  of  ,18  .  After  entering  the  verdict,  the  Clerk 
makes  the  inquiry,  as  in  other  cases.] 


§  294.   Taking  Verdict  in  Action  for  Recovery  of  Real  Property 

Gentlemen  of,  &c.,  [as  in  §  287  ^o  the  *,  and  then  add:]  How 
do  you  find?  [The  foreman  answers:  We  find  the  title  of  the  land 
in  question  to  be  in  the  plaintiff;  or,  defendant:  If  [here  is  a  claim 
for  the  mesne  profits,  add:  and  assess  the  damages  for  withholding 
the  said  premises,  against  the  defendant,  at  dollars  and  six 

cents  costs.     The  Clerk  enters  the  verdict,  dx.,  as  in  the  preceding 
forms.] 


CLERKS  AND  CRIERS.  145 

§  295.  Polling  Jury  in  Civil  Actions. 
[Begin  witJi  the  first  name  on  the  pane/,  as  in  criminnl  actions.^ 
A.  B.,  you  say  you  find  [as  the  verdict  may  he:  after  the  answer  is 
given,  then  call  the  next  jtiror,^^  C.  D.,  is  that  j'our  verdict  ?  [Proceed 
in  this  manner  through  the  list,  ami  when  all  have  answered,  say :\ 
Then,  gentlemen  of  the  jury,  hearken  to  your  verdict,  as  the  court 
has  recorded  it  You  say  you  find  [as  Uie  verdict  may  b€,\  and  so 
you  say  all. 


§  296.    Certificaie  of  Money  paid  into  Court  by  Slueriff. 
Supreme  Court, 

A.  B.  )         I   herby  certify,   that  A.   R,  Sheriff  of   the 

against         \  County  of  ,  luis  this  day  paid  into  court 

C.  D.  )  in  this  action,  the  sum  of  dollars,  to  be 

applied  pursuant  t/j  the  -statute. 

Dated  the  day  of  ,  18     . 

E.  B.  C,  Clerk  of 
said  County  of 

§  297.  Entry  of  Jttdgment  on  Submission, 
S'lpreme  Court, 

A.  B.  )      Judgment, 

against         y  January  I,  1849. 

C  D.  )      The   above   named  parties,  A.   B.  and  C.   D., 

having  submitted  the  controversy  between  them  without  action,  and 
a  trial  by  the  court  being  had  thereon,  the  court  decided  [slate  the 
decision.^ 

Now,  on  motion  of  G.  H.,  attorney  of  the  said  A.  B.,  it  is  hereby 
adjudged,  &c.,  [as  the  decision  may  ie.] 

E.  B.  C,  Clerk  of 
said  County  of  , 

§  298.  Confession  of  Judgnient  without  Action} 
County  ss: 

T,  A.  B.,  of  the  town  of  ,  in  said  county,  hereby  confess 

myself  indebted  to  C.  D.,  of  the  same  place,  J^or,  as  the  case  may  be,] 
in  the  sum  of  ,  and  authorize  the  said  C.  D.,  or  his  execu- 

tors, administrators,  or  assigns,  to  enter  a  judgment  against  me,  in 
the  Supreme  Court  of  the  State  of  New  York,"" for  that  amount* 

The  said  sum  of  money  is  due  on  a  promissory  note,  made  by  me, 
and  dated  the  day  of,  &,c.,  [describe  the  note,  or  set  forth  in 

ietail,  the  origin  or  cause  of  the  indebted7iess.^ 


»  Se«  UwaoflMQ,  chap.  i38— Part  |l.,  TiUe  xU.,  chap.  3, 
10 


146  KEW  clerk's  assistant. 

And  I  hereby  state,  that  the  sum  by  me  above  confessed  is  justly 
due  [or,  -will  justly  become  due]  to  the  said  C.  D.,  in  pursuance  of 
the  facts  above  set  forth. 

A.B. 

Dated  the  day  of  ,  18    . 


§  299.  Affidavit  to  verify  Confession,  and  to  he  annexed  thereto. 
In  Supreme  Court,  ) 
County,.  [ 
A.  B.,  above  named  and  described,  being  duly  sworn,  says,  that 
the  above  statement,  by  liim  signed,  is  true. 
Sworn  to,  tliis         day  of  ) 

,18     ,  before  me,      j  A.  B. 

G.  H.,  County  Clerk. 
[Or  any  officer  authorized  to  administer  oaths.l 


§  300.    Confession  to  secure  against  a  Contingent  Liability. 

County,  ss: 
I,  A.  B.,  of,  &c.,  [as  in  §  298  to  the  *,  and  then  addi] 

The  following  is  a  statement  of  the  facts  showing  a  contingent  lia- 
bility of  the  said  C.  D.,  for  me,  the  said  A.  B.,  and  to  secure  him 
against  which,  the  above  confession  is  made,  viz:  [set  forth  the  facts 
in  detail^ 

And  I  hereby  state,  that  the  sum  above  confessed  does  not  exceed 
the  hability  incurred  by  the  said  C.  D.,  under  the  circumstances 
above  described. 

Dated,  &c.,  [conclude,  as  in  §  298,  a7id  append  the  affidavit  of 
verification,  (§  299.)] 

§  301.  Entry  of  Judgment  on  Confession, 

In  Supreme  Court, 

C.  D.  ]      Judgment, 

against         >  January  1,  1849. 

A.  B.         }      The  above  named  A.  B.,  having  confessed  a 
judgment  to  the  above  named  C.  D.,  for  the  sum  of  dollars, 

it  is  hereby  adjudged,  that  the  said  C.  D.  recover  against  the  said  A. 
B.  the  sum  of  doUai-s,  aforesaid,  with  five  dollars  costs. 

E.  B.  C,  ClerL 


§  302.   Cleric's  Certificate  of  filing  Notice  of  Lis  Pendens. 
State  of  New  York,  )    ^. 
County,  \ 
I,  E.  B.  C,  Clerk  of  the  said  coun^,  do  hereby  certify,  that  a 


CLERKS  Aim  CRIERS.  147 

notice,  of  which  the  above  [or,  mthin]  is  a  copy,  was  filed  in  the 
clerk's  office  of  said  county,  on  the  day  of  ,18. 

Dated  the         day  of        ,  18     . 

E.  B.  C. 


§  303.   Certificate  of  Authentication  to  the  Acknowledgment,  or 
Proof,  of  a  Conveyance. 

State  of  New  York,  ) 
County,  )  "" 
I,  L.  M.,  Clerk  of  the  said  county,  do  certify,  that  G.  H.,  the 
person  subscribing  the  witliin  [or,  annexed]  certificate  of  acknow- 
ledgment, [or,  proof,]  was,  at  the  date  thereof,  a  Justice  of  the  Peace 
of  said  county,  and  duly  authorized  to  take  acknowledgments  and 
proofs  of  conveyances,  to  be  recorded  in  this  State ;  and  that  I  am 
well  acquainted  with  the  hand^rating  of  the  said  G.  H.,  and  verily 
believe  that  the  name  G.  H.,  subscribed  to  the  said  certificate,  is  Iiis 
proper  and  genuine  signature. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  County 
[l.  s.]         Court  of  said  county  to  be  hereunto  affixed,  this 
day  of  ,  18     . 

L.  M. 


§  304.   Certificate  of  Official  Character. 
State  of  New  York,  )    g. 
County,  j 

I,  L.  M.,  Clerk  of  the  said  county,  do  hereby  certify,  that  G.  H., 
the  person  subscribing  the  foregoing  deposition,  [or  whatever  the 
instrument  may  be,^  and  before  whom  the  same  was  taken,  [or, 
acknowledged,]  was,  on  the  day  of  ,  18     ,  therein  men- 

tioned, the  Judge  of  County  Court,  [or,  as  the  case  may  ie,] 

a  court  of  record  of  the  said  county  of  ;  [or,  as  the  proper 

title  of  the  officer  may  be;  and  then  add  the  dame  in  relation  to  the 
genuineness  of  the  signature,  if  necessary.^ 

[l.  s.]     In  testimony  whereof,  (kc,  [as  in  §  303.] 

§  305.   Transcrijit  of  Judgment  and  Clerk's  Certificate. 
Supreme  Court, 

A.  B.  \      Damages,  8253,87;  Costs,  §15,30.     Docketed 

against         v  ,  August         ,18     ,  at         A.  M. 

CD.)  R  R,  Attorney. 

State  of  New  York,  .  County,  ) 

Clerk's  Office,  August      ,18     .\^'' 

I  certify,  that  the  preceding  is  a  true  copy  of  the  docket  of  an 
original  record  of  judgment  remaining  on  the  files  of  this  office. 

L.  M.,  Clerk. 


148  NEW  clerk's  assistant. 

§  300.   Certificate  to  Copy  of  a  Record,  or  Papery  on  File  in  the 

Clerk's  Office. 
State  of  New  York,  County,  ) 

Clerk's  Office,  May     ,  18      .  P^' 

I  do  hereby  certify,  that  I  have  compared  the  foregoing  copy  of  a 
[name  the  instrument, 1  and  of  the  endorsements  thereupon,  with  the 
orioinal  records  of  the  same  remaining  in  this  office,  [or,  with  the 
originals  now  remaining  on  file  in  tliis  office,]  and  that  the  same  are 
correct  transcripts  therefrom,  and  of  the  whole  of  said  original  re- 
cords, [or,  originals.] 

[l.  s.]     In  testimony  whereof,  <fec.,  [as  in  §  303.] 


§  307.   Clerk's  Certificate  on  Transcript  of  Judgment  before 
Justice  of  the  Peace. 

State  of  New  York, )    g. 
County,  ) 
I,  L.  M.,  Clerk  of  the  said  county,  do  certify,  that  G.  H.,  the  per- 
son subscribing  the  within  [or,  annexed]  transcript,  was,  at  the  date 
of  the  judgment  therein  mentioned,  -viz :  on  the  day  of         , 

18     ,  a  Justice  of  the  Peace  of  the  said  county,  and  that  I  am  weU 
acquainted,  &c.,  [as  in  §  303,  substituting  transcript  for  certificate.] 


CHAPTER    XII. 

CONVEYMCES  BY  DEED  AND  MOETGAGE. 

PRACTICAL     REMARKS. 

1.  All  instruments  under  seal  are  deeds;  but  the  term  'deed,'  is 
generally  understood  as  applying  to  conveyances  of  land. 

2.  Every  person  capable  of  holding  lands,  (except  idiots,  persons 
of  unsound  minds,  and  infants,)  seized  of,  or  entitled  to,  any  estate  or 
interest  in  lands,  may  alien  such  estate  or  interest,  at  pleasure,  sub- 
ject to  the  restrictions  and  regulations  provided  by  law.' 

3.  No  purchase,  or  contract,  for  the  sale  of  lands,  in  this  State, 
made  since  the  fourteenth  day  of  October,  1775,  with  the  Indians 
residing  in  the  State,  is  valid,  unless  made  jander  the  authority  and 
with  the  consent  of  the  Legislature.* 

4.  Every  grant  in  fee,  or  of  a  freehold  estate,  in  New  York,  must 
be  subscribed  and  sealed  by  the  person  from  whom  the  estate  or  in- 
terest conveyed  is  intended  to  pass,  or  his  lawful  agent ;  if  not  duly 
acknowledged  before  its  deliver)',  its  execution  and  deliveiy  must  be 
attested  by  at  least  one  witness ;  and  if  not  so  attested,  it  Mill  not 
take  effect  as  against  a  purchaser,  or  incumbrancer,  until  so  acknow- 
ledged. A  grant  will  not  take  effect,  so  as  to  vest  the  estate  or  inte- 
rest intended  to  be  conveyed,  e.xcept  from  ihe  time  of  its  delivery. 
Almost  any  act  of  the  party  executing  a  deed,  importing  an  intention 
to  deliver  it,  will  be  sufficient;  or  it  may  be  delivered  as  an  escrow, 
on  conditions,  and  will  take  effect,  on  the  performance  of  such  condi- 
tions, from  the  time  of  the  delivery.' 

5.  No  estate  or  interest  in  lands,  other  than  leases  for  a  term  not 
exceeding  one  yeiir,  nor  any  trust,  or  power,  over  or  concerning  lands, 
or  in  any  manner  relating  thereto,  can  be  created,  granted,  assigned, 
surrendered,  or  declared,  unless  by  act  or  operation  of  law,  or  by  a 
deed,  or  conveyance  in  writing,  subscribed  by  the  party  creating, 

»  2  R.  S.  (3d  ed  )  3,  §  10.  I   son.  285;  1 1  Wendell,  240;  2  Hill,  659;  1  Bar- 

»  2  R.  S.  (3d  ed.)  3,  H  1.  bour'8  S.  C.  Rep.,  000. 

»2  B.  S.  (3d  ed.)  H,  %i  137,  13S;  13  John- 


160  NEW  clerk's  assistant. 

granting,  assig-ning,  surrendering,  or  declaring,  the  same,  or  by  his 
lawful  agent  thereunto  authorized  by  writing.' 

6.  A  contract  for  the  sale  of  growing  trees,  with  the  right  to  enter 
and  remove  them,  must  be  reduced  to  wTiting,  in  order  to  be  vahd." 

7.  The  term  '  heirs,'  or  other  words  of  inheritance,  are  not  requi- 
site to  create  or  convey  an  estate  in  fee ;  and  every  grant  of  real 
estate,  or  any  interest  therein,  will  pass  all  the  estate  or  interest  of 
the  grantor,  unless  the  intent  to  pass  a  less  estate  or  interest  appears, 
by  express  terms,  or  is  necessarily  implied  in  the  terms  of  the  grant.' 

8.  No  covenant  can  be  implied  in  any  conveyance  of  real  estate, 
whether  such  conveyance  contain  special  covenants  or  not.  Deeds 
of  bargain  and  sale,  and,  of  lease  and  release,  may  continue  to  be 
used,  and  will  be  deemed  gi-ants,  and,  as  such,  subject  to  the  provi- 
sions of  law  concerning  grants.* 

9.  No  greater  estate  or  interest  will  be  construed  to  pass  by  any 
conveyance,  than  the  grantor  himself  possessed  at  the  delivery  of  the 
deed,  or  could  then  lawfully  convey,  except  that  every  grant  is  con- 
clusive as  against  the  grantor,  and  his  heirs,  claiming  from  liiiii  by 
descent ;  and  also,  as  against  subsequent  purchasers  from  such  grantor, 
or  from  his  heirs,  claiming  as  such,  except  a  subsequent  purchaser 
in  good  faith,  and  for  a  valuable  consideration.* 

10.  Every  grant  of  lands  will  be  absolutely  void,  if  at  the  time  of 
the  delivery  thereof,  such  lands  be  in  the  actual  possession  of  a  per- 
son claiming  under  a  title  adverse  to  that  of  the  grantor ;  except  as 
against  the  grantor  and  his  heirs.  But  every  person  haAing  a  just 
title  to  lands,  of  which  there  is  an  adverse  possession,  may  execute  a 
mortgage  on  such  lands;  and  such  mortgage,  if  duly  recorded,  will 
bind  the  lands  from  the  time  the  possession  thereof  may  be  recovered, 
by  the  mortgagor  or  his  representatives,  and  will  have  preference 
over  subsequent  mortgages,  judgments,  or  other  instruments.* 

11.  Where  the  grantor  in  a  deed  has  no  title  to  the  premises  con- 
veyed, the  covenants  of  seizure  and  power  to  convey,  if  inserted  in 
the  deed,  are  broken  immediately  upon  its  execution.' 

12.  A  deed  should  be  founded  on  a  sufficient  consideration,  and 
executed  by  persons  able  to  contract  and  be  contracted  with ;  the 
subject  matter  must  be  set  forth  in  sufficient  words  to  describe  the 
aoreement,  and  bind  the  parties ;  and  it  should  be  read  by  or  to  the 
grantor,  prcAaous  to  the  execution,  unless  the  reading  is  expressly 
waived.  The  consideration  of  a  deed  may  be  either  good  or  valua- 
ble :  it  must  not  partake  of  any  thing  immoral,  illegal,  or  fraudulent 


1 2  R.  S.  (3(1  ed.)  194,  §  6;  6  Wendell,  461; 
10  Id.,  436;  13  Id.,  481;  16  Id.,  25,  28;  2  Hiil, 
485. 

a  1  Denio'.  5.50. 

3  2  R.  S.  (3d  ed.)  33,  §  1. 

«  2  R.  S.  (3d  ed.)  22,  S8  140,  142;  14  Wen- 
dell, 38;  8  Paige,  59S. 


6  2  R.  S.  (3d  ed.)  23,  §§  143,  144. 

«  2  R.  S.  (3d  ed.)  23,  §§  147,  148;  7  Wen- 
dell,377;  9Id.,  516;  15  Id.,  164;  21  Id.,  98;  2 
Hill,  526. 

1 2  Barbour's  S.  C.  Rep.,  30a 


CONVEYANCES  BT  DEED  AND  MORTGAGE.  151 

Every  deed,  or  contract,  is  void,  when  made  for  any  fraudulent  pur- 
pose, or  in  iiolation  of  law.  A  good  consideration  is  founded  upon 
natural  love  and  affection  between  near  relations  by  blood :  a  valua- 
ble consideration  is  founded  on  sometliing  deemed  valuable,  as  money, 
goods,  services,  or  mamage.  An  eqiutable  liability  is  sufficient  to 
uphold  an  express  covenant  or  promise.' 

13.  Where  the  consideration  is  expressed  in  a  deed,  any  averment 
to  the  contrary  cannot  be  made,  altlaough  it  may  be  inquired  into,  for 
all  purposes,  except  to  impeach  the  deed  as  between  the  parties; 
nor  will  the  validity  of  a  deetl  depend  on  the  amount  of  the  conside- 
ration." 

14.  The  rule  in  relation  to  the  description  of  premises  conveyed 
by  metes  and  bounds  is,  that  known  and  fixed  monuments  control 
courses  and  distances;  and  the  certainty  of  metes  and  bounds  Avill 
include  all  the  lands  within  them,  though  they  vary  from  the  quan- 
tity expressed  in  the  deed.  Where  natural  and  tixed  objects  are 
wanting,  and  the  couree  and  distance  cannot  be  reconciled,  the  one 
or  the  other  may  be  preferred,  according  to  circumstances.^ 

15.  In  the  construction  of  every  instrument  granting  or  convey- 
ing, or  authorizing  the  creation  or  conveyance  of,  any  estate  or 
interest  in  lands,  it  is  the  dutv  of  courts  of  justice  to  carry  into  effect 
the  intent  of  the  parties,  so  far  as  such  intent  can  be  collected  from 
the  whole  instrument,  and  is  consistent  with  the  rules  of  law.  Mate- 
rial erasures  or  interlineations  in  a  deed,  should  always  be  noted 
before  the  execution.* 

16.  A  quit-claim  deed,  purporting  to  convey  one's  "  right  of  expec- 
tancy," or  possibility  of  inheritance,  will  not  affect  the  grantor's  title 
as  heir,  subsequently  acquired.^ 

1 7.  When  a  deed  is  executed  by  an  attorney,  for  several  principals, 
one  seal  is  sufficient,  provided  it  appear  that  the  seal  affixed  was 
intended  to  be  adopted  as  the  seal  of  alL* 

18.  An  action  will  lie  for  fraudulent  representations  as  to  the  terri- 
tr4ial  extent  of  right  in  real  estate  conveyed  or  letised.^ 

19.  Where  land  is  conveyed  by  metes  and  bounds,  if  the  descrip- 
tion contains  positive  language  as  to  quantity,  it  is  to  be  regarded  as 
descriptive  onl}',  and  not  as  a  covenant  of  quantity.* 

20.  If  a  grantor  has  no  title,  his  c<jvenant  of  seizin  is  broken  im- 
mediately on  the  execution  of  his  deed ;  but  where  there  are  cove- 
nants of  warranty  and  quiet  enjoyment  only,  there  must  be  an 
e\iction,  before  a  recovery  can  be  had.' 


»  4  Kent's  Commentaries.  CM  ert  )  V'A:  2 
R.  S.  GW  ed.)  193,  §1  1,  2;  2  Hill,  65'J:  7  Id., 
253;  1  Uenic,  520. 

»  1  Johnsun.  139;  4  Id.,  2.3;  16  Id.  47;  4  Cow- 
en,  430;  9  Ici.,  69:  9  Wendell,  611 ;  16  id.,  460 ; 
.  Denio,  226    2  Barbour's  Ch.  Uep.,  2:32. 

3  4  Kent's  Comnienlaries  (2d  ed.)  466;  3 
Oarbour's  S.  C.  Rep.,  215. 


«  2  R.  S.  (3d  ed.)  .33,  §  2;  2  Barbour's  S.  C 
Rep.  220:  I  Comslock,  96. 
6  2  Hill,  641. 
M  Hill,  351. 
'  1  Comstock,  305. 
8  3U:irbour"s  S.  C.  Rep.,  353. 
»  \  Cumstock,  509. 


152 


NEW    CIEBK's   assistant. 


21.  No  mortgage  will  be  construed  as  implying  a  corenant  for  the 
payment  of  the  sum  "intended  to  be  secured ;  and  where  there  is  no 
express  covenant  for  sucli  payment  contained  in  the  mortgage,  and 
no  bond  or  other  separate  instrument  given,  the  remedies  of  the 
mortgagee  will  be  confined  to  the  lands  mentioned  in  the  mortgage.' 

22.  The  wife  of  a  grantor,  or  mortgag-or,  must  unite  with  her 
husband  in  a  conveyance,  in  order  to  release  her  right  of  dower, 
except  in  the  case  of  a  mortgage  for  the  purchj\se  money.  A  deed 
conveying  any  interest  of  a  married  woman  in  lands,  except  her 
separate  estate,  or  unless  under  her  power,  must  be  executed  by 
herself  and  husband :  but  a  married  woman  who  is  an  infant,  can- 
not bind  herself  by  deed  so  as  to  bar  her  right  of  dower.'^ 

23.  Where,  upon  the  sale  and  purchase  of  land,  a  deed  is  executed 
by  the  vendor,  and  a  mortg-age  given  by  the  purchaser,  and  both  are 
acknowledged  and  recorded  at  the  same  time,  it  will  be  presumed 
that  the  mortg-age  was  given  to  secure  the  purchase  money,  though 
the  same  be  executed  to  a  third  pei-son,  instead  of  the  vendor,  by 
direction  of  the  latter." 

24.  Where  it  is  evidently  the  intention  of  the  parties  to  a  paper 
cLat  the  same  shall  be  regarded  as  a  mortgage,  no  form  of  words 
will  defeat  such  iiitention.'' 

25.  A  mortg-age  is  a  lien,  or  security  for  a  debt,  but  does  not  give 
title  in,  or  to,  rcal  estate;  and  tlie  interest  of  the  moi-tgagee  is  a 
mere  chattel  interest.^ 

26.  A  mortgage  conditioned  for  support  and  maintenance  is  g-ood.* 

27.  If  a  deed  be  given,  and  the  purchf^ser  execute  a  mortgage, 
the  presumption  will  be  that  they  were  executed  at  the  same  time, 
and  the  vendee  will  acquire  only  the  equity  of  redemption.'' 

28.  Where  lands  are  mortg-aged,  and  a  jjart  thereof  subsequently 
sold  by  the  mortg-agee,  the  part  i-emaining  unsold  is  the  primary 
fund  for  the  payment  of  the  debt,  and  if  ditferent  parcels  are  sold, 
they  are  to  be  charged  with  the  debt  in  the  inverse  order  of  aliena- 
tion.^ 

29.  A  release  of  a  part  of  mortgaged  premises  does  not  impair 
or  destroy  the  lien  as  to  the  residue  between  the  original  parties.^ 

30.  The  mere  recording  of  an  assignment  of  a  mortgage  is  not 
such  a  notice  to  the  mortgagor  as  will  inv;didate  a  payment  made  bv 
him,  subsequent  to  the  assignment,  to  the  assignor."* 

31.  A  mortg-age  discharged  of  record,  without  actual  satisfaction, 
in  consequence  of  fraudulent  representfitions  by  the  mortgagor,  may 
be  revived.'' 


'  2  R.  S.  (3d  cJ.,)  22,  §  139. 

1  1  Barbour's  S.  C.  Rep.,  399:  4  Id.,  407: 
Id,  546. 

8  1  Barbour's  S.  C.  Rep.,  399. 

*  2  Barbour's  S.  C.  Rep.,  28. 

6  3  Ueriio,  232;  2  Barbour's  Ch.  Rep.,  119; 
8  Bafbaur's  S.  C.  Rep.,  305. 


•  2  Comstock,  360. 

1  3  Barbour's  S.  C.  Rep.,  188. 

•  2  Comstock,  2S9. 

9  3  Barbour's  S.  C.  Rep.,  12a 
»o  2  Barbour's  Ch.  Rep.,  82. 
*'  1  Barbour's  S.  C.  Rep., 398. 


CONYETANCES  Bt  SEED  AKD  MORTGAGE.  153 

32.  A  certificate  of  the  sale  of  real  estate  on  an  execution,  must 
contain :  a  particular  description  of  the  premises  sold ;  the  price  bid 
for  each  distinct  lot,  or  parcel;  the  whole  consideration  money  paid; 
and  the  time  when  such  sale  will  become  absolute,  and  the  purchaser 
be  entitled  to  a  conveyance,  pursuant  to  law.  The  deed  is  to  be 
executed  by  the  officer  making  the  sale.* 

33.  Two  witnesses  are  reqmred  at  the  execution  of  a  deed,  in  New 
Hampshire,  Vermont,  Rhode  Island,  Connecticut,  Pennsylvania, 
Georgia,  Ohio,  Indiana,  Illinois,  Micliigan,  and  Wisconsin.  In  Dela- 
ware, Tennessee,  and  North  Carolina,  two  witnesses  are  required 
where  a  deed  is  to  be  proved  by  witnesses.  In  the  other  States,  one 
Avitness  is  sufficient  to  render  a  deed  vaUd,  as  between  the  parties. 
In  this  State,  proof  of  the  execution  of  a  deed  by  one  witness,  or  its 
acknowledgment  before  the  proper  officer,  will  entitle  it  to  be  recorded. 

34.  Mortgages  of  real  estate  may  be  foreclosed  by  advertisement, 
by  the  party  holding  the  same,  in  person,  where  default  has  been 
made  in  any  condition  of  such  mortgage,  and  no  other  legal  proceed- 
ing's are  then  pending  thereupon.* 

35.  In  order  to  foreclose  a  mortgage,  a  notice,  specifying  the 
names  of  the  mortgagor  and  mortgagee,  and  assignee,  if  any ;  the 
date  of  the  mortgage,  and  where  recorded ;  the  amount  claimed  to 
be  due  at  the  time  of  the  first  publication  of  the  notice ;  and  a  des- 
cription of  the  mortgaged  premises,  conforming  substantially  with 
that  contained  in  the  mortgage ;  must  be  published  for  twelve  weeks, 
successively,  at  least  once  in  each  week,  in  a  newspaper  printed  in 
the  county  where  the  premises  to  be  sold  are  situated ;  or,  if  they 
are  situated  in  two  or  more  counties,  in  either  of  them.' 

36.  A  copy  of  the  notice  of  foreclosure  must  be  affixed,  at  least 
twelve  weeks  prior  to  the  time  designated  for  the  sale,  on  the  out- 
ward door  of  the  building  where  the  county  courts  are  directed  to  be 
held,  in  the  county  where  the  premises  are  situated ;  or,  if  there  are 
two  or  more  such  buildings,  on  the  outward  door  of  that  one  nearest 
the  premises.  A  copy  of  such  notice  must  also  be  served,  at  least 
fourteen  days  prior  to  the  time  specified  therein  for  the  sale,  on  the 
mortgagor  or  his  personal  representatives,  and  on  the  subsequent 
grantees  and  mortgagees  whose  conveyances  or  mortgages  were  on 
record  at  the  time  of  the  first  publication  of  the  notice,  and  on  all 
persons  having  a  lien,  by  judgment  or  decree,  on  the  mortgaged 
premises,  subsequent  to  such  mortgage ;  such  sernce  may  be  made 
personally,  or  by  leaving  the  notice  at  the  dwelling-house  of  the 
person  to  be  served,  in  charge  of  some  one  of  suitable  age,  or  by 
depositing  a  copy  of  such  notice,  at  least  twenty-eight  days  prior  to 


J  2  R.  S.  (3d  ed.)  467,  §  44;  20  Wendell,   I       a  2  R.  S.  (3il  r d.)  632.  §S  1.  2;  7  VVendeV 
416;  7  Hill,  476,  616.  458;  4  Paige,  5,^;  7  Id.,  257. 

I      8  9  R  S  <:3a  ed  i  632  3  6f  3, 4;  I  Ilili,  IOC 


154 


NEW  clerk's  assistant. 


the  time  specified  therein  for  the  sale,  in  the  post  office,  properly 
folded  and  directed  to  said  person  at  his  place  of  residence.^ 

37.  The  sale  of  the  mortgaged  premises  may  be  postponed  from 
time  to  time,  by  inserting  a  notice  thereof,  as  soon  as  practicable,  in 
the  newspaper  in  wliich  the  original  advertisement  was  published, 
and  continuing  such  insertion  until  the  time  to  which  the  sale  was 
postponed." 

38.  The  sale  must  be  made  at  public  auction,  in  the  day  time,  in 
the  county  where  the  mortgaged  premises,  or  some  part  of  them, 
ai^  situated.  If  the  premises  consist  of  distinct  farms  or  lots,  they 
must  be  sold  separately ;  and  no  more  can  be  sold  than  will  be  suf- 
ficient to  pay  the  amount  due  on  the  mortgage  at  the  time  of  the 
first  publication  of  the  notice,  with  interest,  and  the  costs  and  ex- 
penses allowed  by  law.  The  mortgagee,  his  assigns,  or  his  or  their 
legal  representatives,  may,  fairly  and  in  good  faith,  purchase  the 
premises,  or  any  part  of  them,  at  the  sale.' 

39.  A  sale  of  mortgaged  premises,  in  pursuance  of  the  foregoing 
directions,  will  be  a  bar  of  all  claim  or  equity  of  redemption  of  the 
mortgagor,  or  his  representatives,  or  of  any  person  claiming  under 
him  or  them,  by  \irtue  of  a  title  sxibsequent  to  the  mortgage  fore- 
closed ;  and  also,  of  any  person  having  a  hen  on  the  premises,  or  any 
part  thereof,  by  or  under  any  judgment  or  decree,  subsequent  to 
such  mortgage,  who  has  been  served  with  a  copy  of  the  notice  of 
sale.* 

40.  An  affidavit  of  the  facts  and  circumstances  of  the  sale  must 
be  rnade  by  the  person  who  officiated  as  auctioneer;  an  affidavit  of 
the  publication  of  the  notice,  by  the  printer  of  the  newspaper  in 
which  the  same  was  inserted,  or  his  foreman;  and  an  affidavit  of 
affixing  the  notice,  and,  also,  an  affidavit  of  serving  the  same,  by  the 
person,  or  persons,  performing  such  duty ;  which  affidavits  may  be 
taken  by  any  judge  of  a  court  of  record,  supreme  court  commis- 
sioner, or  commissioner  of  deeds,  and  may  be  filed  and  recorded  in 
the  clerk's  office  of  the  county  in  Avhich  the  sale  took  place.  Such 
affidavits  will  constitute  the  evidence  of  the  sale,  and  foreclosure  of 
the  equity  of  redemption,  -without  any  conveyance;  although  it  is 
better  for  the  purchaser,  when  not  a  mortgagee  or  assignee,  to  take 
a  deed,  with  the  usual  covenants  of  warranty,  (fee,  of  such  mort- 
gagee, or  assignee,  where  there  is  the  least  possible  doubt  in  regard 
to  the  title.* 

41.  The  purchaser  of  lands,  on  foreclosure  and  sale  under  a  mort- 
gage, is  entitled  to  the  growing  crops  sown  by  the  mortgagor.* 


•  2  R.  S.  (3d  ed.,)  632,  5  3 ;  Laws  of  1842, 
chap.  27 ;  ;  Laws  of  1844,  chap.  346. 

a  2  R.  S.  (3d  ed.,)  633,  §  6 ;  4  Denio,  104. 

»  2  R.  S.  (3d  ed.,)  633,  6§  6,  7 :  4  Co  wen, 
266;  Ifuge,  62. 


*  2  R.  S.  (3d  ed.,)  633,  §  8 ;  10  Johnson,  l83 ; 
4  Paige,  58,  531  ;   i  Hill,  107  ;  6  Id.,  65. 

6  2  R.  S.  (3d  ed.,)  634,  §4  9-14  :  4  Denio,  41. 

•  2  Denio,  174. 


CONVEYANCES  BY  DEED  AND  MORTGAGE.         155 


FORMS. 

§  308.  Simple  Deed. 

This  indenture,  made  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundi-ed  and  ,  between  A.  B.,  of, 

ibc,  of  the  first  part,  and  C.  D.,  of,  &c.,  of  the  second  part,  witness- 
eth :  Tnat  the  said  party  of  the  first  part,  for  and  in  consideration  of 
the  sum  of  dollars,  to  him  in  hand  paid  by  the  said  party  of 

the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  hath 
bargained  and  sold,  and  by  these  presents  doth  bargain  and  sell, 
unto  the  said  party  of  the  second  part,  and  to  his  heu'S  and  assigns, 
forever,  ail,  <fcc.,  [^here  describe  the  premises ;'\  together  with  all  and 
singular  tne  hereditaments  and  appurtenances  thereunto  belonging; 
or  in  any  wise  appertaining;  and  the  reversion  and  reversions,  re- 
mainder and  remainders,  rents,  issues  and  profits,  thereof  ;  and  also 
all  the  estate,  right,  title,  interest,  claim,  or  demand  whatsoever,  of 
him,  the  said  party  of  the  first  part,  either  in  law  or  equity,  o^ 
in  and  to,  vde  above  bargained  premises,  and  every  part  and  parcel 
thereof:* 

In  Avitnes«  whereof,  the  said  party  of  the  first  part  has  hereunto 
set  his  hanu  and  seal,  the  day  and  year  first  above  written. 

Sealed  ami  dehvered,  ) 
in  presence  of         j 

Gr.  a  A.  B.  [l.  s.] 


§  309.    Quit-  Claim  Deed. 

Know  all  n»en  by  these  presents :  That  we,  A.  B.,  of,  (fee,  and  E. 
his  wife,  in  consideration  of  the  sum  of  ,  to  us  in  hand  paid  by 

C.  D.,  of,  (fee,  the  receipt  whereof  we  do  hereby  acknowledge,  have 
bargained,  solvi  and  quit-claimed,  and  by  these  presents  do  bargain, 
sell  and  quit-ciaim,  unto  the  said  C.  D.,  and  to  his  heirs  and  assigns, 
forever,  all  oui  and  each  of  our  right,  title,  interest,  estate,  claim  and 
demand,  both  at  law  and  in  equity,  and  as  well  in  possession  as  in 
expectancy,  of,  in  and  to,  all  that  certain  piece  or  parcel  of  land,  situ 
ate,  ifec,  [description;']  with  all  and  singular  the  hereditaments  and 
appurtenances  thereunto  belonging. 

In  witness  w  hereof,  we  have  hereimto  set  oiir  hands  and  seals,  the 
day  and  year  krst  above  written. 

Sealed,  <fec.,  jcw  in  §  308.] 

A.  B.     [l.  s.] 
E.  B.     [l.  s.J 


156  KEW  clbae's  assistant. 

§  310.   Quit- Claim,  with  Covenant  against  Acts  of  Grantor. 

This  indenture,  made  the  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  ,  between  A.  B.,  of,  &c.,  of  the 

first  part,  and  C.  D.,  of,  &c.,  of  the  second  part,  witnesseth :  That 
the  said  party  of  the  first  part,  for  and  in  consideration  of  the  sum 
of  dollars,  to  him  in  hand  paid  by  the  said  party  of  the  second 

part,  at  or  before  the  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  hath  remised,  released  and 
quit-claimed,  and  by  these  presents  doth  remise,  release,  and  quit- 
claim, unto  the  said  party  of  the  second  part,  and  to  his  heirs  and 
assigns,  forever,  all  [description;!^  together  with  all  and  singular  the 
tenements,  hereditaments  and  appurtenances,  thereunto  belonging,  or 
in  any  wise  appertaining;  and  the  reversion  and  reversions,  remain- 
der and  remainders,  rents,  issues,  and  profits  thereof  :  And  also,  all 
the  estate,  right,  title,  interest,  [insert,  dower  and  right  of  dower,  if 
necessary,']  property,  possession,  claim  and  demand  whatsoever,  as 
well  in  law  as  in  equity,  of  the  said  party  of  the  first  part,  of,  in,  or 
to,  the  above  described  premises,  and  every  part  and  parcel  thereof, 
with  the  appurtenances.  And  the  said  party  of  the  first  part,  for 
himself  and  his  heirs,  executors  and  administrators,  doth  covenant, 
promise  and  agree,  to  and  with  the  said  party  of  the  second  part,  liis 
heirs,  executors,  administrators  and  assigns,  that  he  hath  not  made, 
done,  committed,  executed,  or  suffered,  any  act  or  acts,  thing  or 
things,  whatsoever,  whereby,  or  by  means  whereof,  the  above  men- 
tioned and  described  premises,  or  any  part  or  parcel  thereof,  now  are, 
or  at  any  time  hereafter  shall,  or  may  be,  impeached,  charged,  or 
incumbered,  in  any  manner  or  Avay  Avhatsoever. 

In  witness,  &c.,  [as  in  §  308.] 


§  311.    Warranty  Deed — Short  Form. 
To  all  people  to  whom  these  presents  shall  come,  greeting: 

Know  ye,  that  I,  A.  B.,  of,  <fec.,  for  the  consideration  of 
dollars,  received  to  my  full  satisfaction,  of  C.  D.,  of,  &c.,  do  gran^ 
bargain,  sell  and  confii-m,  unto  the  said  C.  D.,  his  hehs,  and  assigns, 
all,  [descrijJtion;']  To  have  and  to  hold  the  above  granted  and  bar- 
gained premises,  Avith  the  appurtenances  thereof,  unto  the  said  C. 
]).,  liio  heirs  and  assigns,  to  his  and  their  own  proper  use  and  behoof 
forever.  And  I  do,  for  myself,  and  my  heirs,  executors  and  adminis- 
trators, covenant  with  the  said  C.  D.,  his  heirs  and  assigns,  that  ai 
and  until  the  ensealing  of  these  presents,  I  am  well  seized  of  the  pre- 
mises, as  of  a  good  and  indefeasible  estate  in  fee  simple,  and  have 
good  right  to  bargain  and  sell  the  same,  in  manner  and  form  afore- 
said ;  and  that  the  same  is  free  from  all  incumbrance  whatsoever. 
And  further,  I  do  by  these  presents  bind  myself,  and  my  heirs,  to 
warrant  and  forever  defend  the  above  granted  and  bargained  ^ie- 


CONVEYANCES  BY  DEED  AND  MORTGAGE.         167 

mises,  unto  tlie  said  C.  D.,  his  heirs  and  assigns,  against  all  claims 
and  demands  whatsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  ,  in  the  year  one  thousand  eight  hundred 

and 

Sealed,  <fec.,  [as  in  §  308.] 


§  312.    Warranty  Deed. 
This  indenture,  made  the  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  ,  between  A.  B.,  of,  &c.,  of  the 

tirst  part,  and  C.  D.,  of,  (kc,  of  the  second  part,  witnesseth:  That 
the  said  party  of  the  first  part,  for  and  in  consideration  of  the  sum 
of  dollars,  lawful  money  of  the  United  States,  to  him  in  hand 

paid  by  the  said  party  of  the  second  part,  at  or  before  the  ensealing 
and  delivery  of  these  presents,  the  receipt  whereof  is  hereby  acknow- 
ledged, hath  granted,  bargained,  sold,  aliened,  remised,  released,  con- 
veyed and  confirmed,  and  by  these  presents  doth  grant,  bargain,  seU, 
alien,  remise,  release,  convey  and  confirm,  unto  the  said  party  of  the 
second  part,  and  to  his  heirs  and  assigns,  forever,  all  [detscrijjtion;^ 
together  with  all  and  singular  the  tenements,  hereditaments  and  ap- 
purtenances, thereunto  belonging,  or  in  any  Avise  appertaining,  and 
the  reversion  and  reversions,  remmnder  and  remainders,  rents,  issues, 
and  profits  thereof :  And  also,  all  the  estate,  right,  title,  interest, 
[i7isert  here,  dower  and  right  of  dower,  if  necessary,^  property,  pos- 
session, claim  and  demand,  whatsoever,  as  well  in  law  as  in  equity, 
of  the  said  party  of  the  fii-st  part,  of,  in,  or  to,  the  above  descnbed 
premises,  and  every  part  and  parcel  thereof,  with  the  appurtenances  :* 
To  have  and  to  hold  all  and  singular  the  above  mentioned  and  de- 
scribed premises,  together  with  the  appurtenances,  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  forever.  And  the 
said  A.  B.,  for  himself,  and  his  heirs,  the  said  premises  in  the  quiet 
and  peaceable  possession  of  the  said  party  of  the  second  part,  hia 
heirs,  and  assigns,  against  the  said  party  of  the  first  pail,  and  liis 
heirs,  and  against  all  and  every  person  whomsoever,  lawfully  claim- 
ing or  to  claim  the  same,  shall  and  will  warrant,  and  by  these  pre- 
sents forever  defend. 

In  witness,  &c.,  [as  in  §  308.] 


§  313.  FuU  Covenant  —  Short  Form. 
This  indenture,  made  the  day  of  ,  one  thousand  eight 

hundred  and  ,  between  A.  B.,  of,  (fee,  of  the  first  part,  and 

C.  D.,  of,  (fee,  of  the  second   part,  witnesseth :  That  the  said  party 
of  the  first  part,  in  consideration  of  the  sum  of  dollars,  to  him 

duly  paid,  hath  sold,  and  by  these  presents  doth  grant  and  convey. 


158  NEW  clerk's  assistant. 

to  tlie  said  party  of  the  second  part,  and  liis  heirs  and  assigns,  for- 
ever, all  [description;!^  together  with  the  appurtenances,  and  all  the 
estate,  title  and  interest,  of  the  said  party  of  the  first  part  therein. 
And  the  said  A.  B.,  for  himself  and  his  heirs,  doth  hereby  covenant 
and  agree,  that  at  the  delivery  hereof  he  is  the  lawful  owner  of  the 
preinises  above  granted,  and  seized  of  a  good  and  indefeasible  estate 
of  inheritance  therein,  clear  of  all  incumbrance  whatever,  of  every 
name  or  nature ;  and  that  he  will  warrant  and  defend  the  above  pre- 
mises, in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  forever. 
In  witness,  6cc.,  [as  in  §  308.] 


§  314.  J^ull  Covenant  Deed — the  usual  Form. 
This  indentiu-e,  ckc,  [as  in  ^  Z12  to  the  *,  and  then  add:^  To  have 
and  to  hold  the  above  granted,  bargained  and  described  premises, 
with  the  appurtenances,  unto  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  to  liis  and  their  own  proper  use,  benefit  and  behoof, 
forever.  And  the  said  A.  B.,  for  himself  and  his  heirs,  executors  and 
administrators,  doth  covenant,  grant  and  agree,  to  and  with  the  said 
party  of  the  second  part,  liis  heirs  and  assigns,  that  the  said  party 
of  the  first  part,  at  the  time  of  the  seaUng  and  delivery  of  these 
presents,  is  lawfully  seized  in  his  own  right,  [or,  as  the  case  may  he,'\ 
of  a  good,  absolute,  and  indefeasible  estate  of  inheritance,  in  fee  sim- 
ple, of  and  in,  all  and  singular  the  above  granted  and  described 
premises,  with  the  appurtenances,  and  hath  good  right,  full  power, 
and  lawful  authority,  to  grant,  bargain,  sell  and  convey  the  same,  ui 
manner  aforesaid:  and  that  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  shall  and  may,  at  all  times  hereafter,  peaceably 
and  quietly  have,  hold,  use,  occupy,  possess  and  enjoy,  the  above 
granted  premises,  and  everj'  part  and  parcel  thereof,  ^vith  the  appur- 
.tenances,  without  any  let,  suit,  trouble,  molestation,  eviction,  or  di.s- 
turbance,  of  the  said  party  of  the  first  part,  liis  heirs  or  assigns,  oi 
of  any  other  person  or  persons  lawfully  claiming  or  to  claim  the  same : 
And  that  the  same  now  are  free,  clear,  discharged  and  unincumbered, 
of  and  from  all  former  and  other  grants,  titles,  charges,  estates,  judg- 
ments, taxes,  assignments  and  incumbrances,  of  what  nature  or  kind 
soever.*  And,  also,  that  the  said  party  of  the  first  part,  and  his 
heirs,  and  all  and  every  person  or  persons  whomsoever,  law^fully  or 
equitably  deri\ing  any  estate,  right,  title,  or  interest,  of,  in,  or  to,  the 
herein  granted  premises,  by,  from,  under,  or  in  trust  for,  him  or 
.hem,  shall  and  will,  at  all  time  or  times,  hereafter,  upon  the  reason- 
able request,  and  at  the  proper  costs  and  charges  in  the  law  of  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  make,  do  and 
execute,  or  cause  to  be  made,  done  and  executed,  all  and  every  such 
further  and  other  lawful  and  reasonable  acts,  conveyances  and  assu- 


CONVETANCES  BY  DEED  AND  MORTGAGE.  159 

ranees,  in  the  law,  for  the  better  and  more  eflfectually  vesting  and 
confirming  the  premises  hereby  granted,  or  so  intended  to  be,  in  and 
to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever, 
as  by  the  said  party  of  the  second  part,  liis  hehs  or  assigns,  or  his 
or  their  counsel,  learned  in  the  law,  shall  be  reasonably  advised,  de- 
vised, or  required :  And  the  said  A.  B.,  for  himself  and  his  heirs,  the 
above  described  and  hereby  granted  and  released  premises,  and 
ever}'  part  and  parcel  thereof,  with  the  appurtenances,  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  against  the  said  partj' 
of  the  first  part  and  his  heirs,  and  against  all  and  every  person  and 
persons  whomsoever,  lawfully  claiming,  or  to  claim  the  same,  shall 
and  will  warrant,  and  by  these  presents  forever  defend. 
In  witness,  <kc.,  [as  in  §  308.] 


§  315.  Deed  of  Land  subject  to  Mortgage. 

This  indenture,  &c.,  \asin  §  312  to  the  *,  and  then  add:"]  subject, 
however,  to  the  payments,  conditions  and  agreements,  specified  and 
contained  in  a  certain  indenture  of  mortgage,  executed  by  the  said 
A.  B.,  to  E.  R,  on  the  day  of  ,  A.  D.  18     ,  and  recorded 

in  County  Clerk's  office,  in  book  No.  of  mortgages,  at 

pages        ,  &c.,  on  the  day  of  ,  A.  D.  18         ,  at 

o'clock  A.  M. ;  and  which  said  mortgage  was  given  for  the  purpose 
of  securing  the  payment  of  the  sum  of  dollars,  at  the  time 

and  in  the  manner  therein  specified,  and  upon  which  there  is  now 
due  and  payable,  [or,  there  is  yet  to  become  due  and  payable,  on  the 
day  of  ,  18     ,]  the  sum  of  dollars,  with  interest 

from  the  day  of  ,  18     :  To  have  and  to  hold,  &c.,  [as 

in  §  312  to  the  end;  or  as  in  §  514;  in  the  latter  case,  however,  in- 
sert after  the  *  the  words:  except  as  aforesaid.] 

In  witness,  <fec.,  [as  in  §  308.] 


§  316.   Corporation  Deed. 

This  indenture,  made  the  day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  the  bank  of  ,  [or,  the 

insurance  company,]  of  the  first  part,  and  C.  D.,  of,  &c.,  [as 
in  §  312  to  the  *,  and  then  add:^  To  have  and  to  hold  the  above 
granted,  bargained,  and  described  premises,  with  the  appurtenances, 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  his 
and  their  own  proper  use  and  benefit,  forever.  And  the  said  bank 
of  ,  [or,  insurance  company,]  the  said  premises,  &c., 

[as  in  §  312  <o  the  end;  or,  doth  covenant,  grant,  and  agree,  <fec., 
as  in  §  314.] 

In  witness  whereof,  the  said  party  of  the  first  part  hath  hereimto 
caused  their  corporate  seal  to  be  aflfixed,  and  these  presents  to  be  sub- 


160  NEW  clerk's  assistant. 

scribed  by  their  president  and  cashier,  [^or,  secretary ;  or,  as  the  case 
may  be.^ 

Sealed  and  delivered,  )  N.  B.,  [l.  s.] 

in  presence  of  V  President  of  the  Bank  of 

G.  H. 


§  317.  Deed  of  Mortgaged  Premises,  on  Foreclosure  htj 
Advertisement. 
This  indenture,  made  the  day  of  ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ,  between  C.  D.,  of, 

&c.,  of  the  first  part,  and  E.  F.,  of,  &c.,  of  the  second  part :  Whereas, 
A.  B.,  by  a  certain  indenture  of  mortgage,  bearing  date  the 
day  of  ,  one  thousand  eight  hundred  and  ,  for  the 

consideration  of  the  sura  of  dollars,  did  bargain,  sell  and  con- 

vey, unto  C.  D.,  his  heirs  and  assigns,  forever,  all  that  certain  piece 
or  parcel  of  land,  hereinafter  particularly  described,  with  the  appur- 
tenances, subject  to  a  proviso,  in  the  said  indenture  of  mortgage 
contained,  that  the  same  should  be  void  on  the  payment,  by  the  said 
C  D.,  his  heirs,  executors,  administrators,  or  assigns,  of  the  sum  of 
dollars,  in  the  manner  particularly  specified  in  the  condition 
of  a  certain  bond  or  obligation,  bearing  even  date  Avith  the  said  inden- 
ture of  mortgage :  with  a  special  power  in  the  said  indenture  of  mort- 
gage contained,  authorizing  the  said  C.  D.,  his  heirs,  executors, 
administrators,  or  assigns,  if  default  should  be  made  in  the  payment 
of  the  said  sum  of  money  mentioned  in  the  condition  of  the  said 
bond  or  obligation,  with  the  interest,  or  of  any  part  thereof,  to  sell 
and  dispose  of  the  mortgaged  premises,  or  any  part  thereof,  at  pubUc 
auction ;  and  to  make  and  deliver  lo  the  purchaser,  or  purchasers, 
thereof,  good  and  sufficient  deed,  or  deeds,  of  conveyance  in  the  law, 
for  the  same,  in  fee  simple :  And,  whereas,  the  said  indenture  of  mort- 
gage has  been  duly  recorded  according  to  law,  as  by  the  said  indenture 
of  mortgage,  and  the  record  thereof,  and  of  the  power  therein  contain- 
ed, refer(!nce  being  thereunto  had,  may  more  fully  and  at  large  ap- 
pear: [If  necessary,  say:  and  the  same  hath  been  duly  assigned  to 
the  party  of  the  first  part,  by  the  said  C.  D.,  as  by  the  record  of  the 
said  assignment,  ttc,  as  above  :^  And  whereas,  default  having  been 
made  in  the  payment  of  the  money  intended  to  be  secured  by  the 
said  indenture  of  mortgage,  the  mortgaged  premises  hereinafter  par- 
ticularly described,  were,  on  the  day  of  ,  one  thousand  eight 
hundred  and  ,  sold  at  public  auction,  to  the  said  party  of  the 

second  part,  for  the  sura  of  dollars,  being  the  highest  sum  bid 

for  the  same,  public  notice  having  been  previously  given  of  such  sale, 
by  advertisement,  inserted  and  published  for  twelve  weeks,  once  in . 
each  week,  successively,  in  a  public  newspaper,  entitled  the  , 

printed  in  the  town  of  ,  in  the  county  in  which  the  mortgaged 


CONVEYANCES  BY  DEED  AND  MORTGAGE,  161 

prenoises  are  situated,  a  copy  of  whicli  advertisement  was,  foi  twelve 
weeks  prior  to  the  time  therein  specified  for  such  sale,  duly  affixed  on 
the  outward  door  of  the  court  house  in  the  town  of  ,  being  the 

building  in  which  the  county  courts  are  directed  to  be  held;  and  the 
said  party  of  the  first  part,  having  caused  a  copy  of  said  pi-inted 
notice,  or  advertisement,  to  be  duly  served  on  all  persons  liaving  any 
claim  upon  the  said  premises,  as  required  by  the  act  passed  May  Tlli, 
1844.  Now,  therefore,  this  indenture  witnesseth:  that  the  party  of 
the  first  part,  for  and  in  consideration  of  the  sum  so  bid,  as  aforesmd, 
to  him  in  hand  paid  by  the  smd  party  of  the  second  part,  at  the  time 
of  the  ensealing  and  delivery  of  these  pi-esents,  the  receipt  whereof 
is  hereby  acknowledged,  hath  granted,  bargained,  sold,  aliened,  re- 
leased and  confirmed,  and  by  tliese  presents  doth  grant,  bargain,  sell, 
alien,  release  and  confirm,  unto  the  said  party  of  the  second  part, 
and  to  liis  heirs  and  assigns,  forever,  all  [description;]  together  with 
all  and  singular,  the  tenements,  hereditaments,  and  appurtenances, 
thereunto  belonging,  or  in  any  wise  appertaining,  as  the  same  is  des- 
cribed and  conveyed,  in  and  by  the  said  indenture  of  mortgage ;  and 
also,  all  the  estate,  right,  title,  interest,  property,  claim  and  demand, 
whatsoever,  both  in  law  and  equity,  of  the  said  A.  B.,  as  well  as  of 
the  said  party  of  the  first  part,  of,  in  and  to,  the  above  described 
premises,  with  tlie  appui-tenances,  ;is  fully,  to  all  intents  and  purposes, 
as  the  said  party  of  the  first  part  hath  power  and  authority  to  grant 
and  sell  the  same,  by  \irtue  of  the  said  indenture  of  moi-tgage,  and 
of  the  statute  in  such  case  made  and  pi-ovided,  or  otherwise:  To 
have  and  to  hold  the  said  above  mentioned  and  described  premises, 
with  their  and  every  of  tlieir  appurtenances,  unto  the  smd  party  of 
the  second  part,  his  heirs  and  assigns,  to  the  sole  and  only  proper 
use,  benefit  and  behoof,  of  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  forever. 

In  witness,  &c.,  [as  in  §  308.] 

§  318.  Deed  by  Guardian. 
To  all  persons  to  whom  these  presents  shall  come:  E.  F.,  of        , 
g\iardian  of  C.  B.  and  E.  B.,  minors,  and  children  of  A.  B.,  late  of 
said  ,  deceased,  sends  greeting:  Whereas,  by  an  order  of 

the  Probate  Court,  holden  at  ,  within  and  for  the  county  of 

,  on  the  day  of  ,  in  the  year  ,  the  said 

E.  F.,  in  his  capacity  of  guardian,  as  aforesfiid,  was  empowered  and 
licensed  to  make  sale  of  the  whole  of  tlie  said  minors'  interest,  being 
one  undivided  twelfth  part  each,  in  the  real  estate  hereinafter  de- 
scribed; and  whereas,  tlie  said  E.  F.  having  given  the  bond,  and 
taken  the  oath  by  law  reqmred,  before  fixing  on  the  time  and  place 
of  sale,  and  also  given  public  notice  of  the  said  sale,  by  causing  a  no- 
tification thereof  to  be  inserted  and  printed  weeks,  successively, 
ia  the  newspaper  called  ,  printed  at  ,  did,  the 
11 


162  NEW  clerk's  assistant. 

day  of  ,  in  tlie  year         ,  cause  the  said  minors'  interest  to  be 

exposed  for  sale,  pursuant  to  the  said  notice,  at  public  vendue,  on  the 
premises,  and  the  same  was  then  and  there  struck  off  to  S.  T.,  of,  &c., 
for  the  sum  of  dollars,  he  being  the  highest  bidder  therefor : 

Now,  know,  ye  that  I,  the  said  E.  F.,  in  my  capacity  of  guardian,  as 
aforesaid,  by  virtue  of  the  Hcense  aforesaid,  and  in  consideration  of  the 
sum  of  dollars,  to  me  paid  by  S.  T.,  aforesaid,  (the  receipt 

whereof  I  hereby  acknowledge,)  do  hereby  grant,  bargain,  sell  and 
convey,  unto  the  said  S.  T.,  his  heirs  and  assigns,  two  undivided 
twelfth  parts  of  a  certain  tract  or  parcel  of  land,  situate  in  , 

bounded  and  described  as  follows,  viz :  [description,']  being  the  shares 
of  the  said  minors  thereiri,  with  all  the  privileges  and  appurtenances 
thereunto  belonging :  To  have  and  to  hold  the  above  granted  pre- 
mises, to  him,  the  said  S.  T.,  his  heirs  and  assigns  forever.  And  I, 
the  said  E.  F.,  for  myself,  my  executors  and  administrators,  do  cove- 
nant with  the  said  S.  T.,  his  heirs  and  assigns,  that  in  making  the  said 
sale,  I  have  in  all  things  observed  the  rules  and  directions  of  the  law; 
and  that  I  will,  and  my  heirs  shall,  warrant  and  defend  the  above 
granted  premises  to  the  said  S.  T.,  his  heirs  and  assigns,  against  the 
lawful  claims  and  demands  of  the  said  minors  and  their  heirs,  and  all 
persons  claiming  the  same  by,  through,  or  under  them,  or  either  of 
them. 

In  testimony  whereof,  I,  the  said  E.  F.,  have,  &c.,  [as  in  §311.] 


8  319.  Deed  by  Administrator,  Empoioered  to  sell  by  Surrogate. 

To  all  to  whom  these  presents  shall  come :  I,  A.  B.,  of  , 

m  the  county  of  ,  in  the  State  of  ,  administrator  of 

the  goods  and  estate  which  were  of  C.  D.,  late  of  ;  &c., 

deceased,  intestate,  send  greeting :  Whereas,  by  an  order  of  the  Sur- 
Togate  of  the  county  of  ,  made  at  a  Probate  Court  held  at 

,  within  the  county  of  ,  on  the  day  of 

last  past,  I,  the  said  A.  B.,  was  licensed  and  empowered  to  sell  and 
pass  deeds,  to  convey  the  real  estate  of  the  said  C.  D.,  hereinafter 
described;  and  whereas,  I,  the  said  A.  B.,  ha-ving  given  pubUc  no- 
tice of  the  intended  sale,  by  causing  a  notification  thereof  to  be  printed 
and  inserted  weeks,  successively,  in  the  newspaper  called  the 
,  printed  in  ,  agreeably  to  the  order  and  direction 

of  said  court ;  and  having  given  the  bond  and  taken  the  oath^  by  law 
in  such  cases  required,  previous  to  fixing  upon  the  time  and  place  of 
sale,  did,  on  the  day  of  instant,  pm-suant  to  the  hcense 

and  notice  aforesaid,  sell  by  public  auction,  the  real  estate  of  the  said 
C.  D.,  hereinafter  described,  to  E.  F.,  of  ,  in  the  county  of 

,  for  the  sum  of  dollars,  he  being  the  liighest  bidder 

therefor :  Now,  therefore,  know  ye,  that  I,  the  said  A.  B.,  by  virtue 
01  the  power  and  authority  in  me  vested,  as  aforesaid,  and  in  conside- 


CONVEYANCES  BT  DEED  AND  MORTGAGE.  163 

ration  of  the  aforesaid  sum  of  dollars,  to  me  paid  by  the  said 

E.  F.,  (the  receipt  whereof  is  hereby  acknowledged,)  do  hereby 
grant,  bartrain,  sell  and  convey,  unto  the  said  E.  F.,  his  heirs  and  as- 
signs, all  [description. 'I  To  have  and  to  hold  the  above  granted  pre- 
mises, to  the  said  E.  F.,  his  hen-s  and  assigns,  to  his  and  their  use 
and  behoof,  forever.  And  I,  the  said  A.  B.,  for  myself,  my  heirs, 
executors  and  administrators,  do  hereby  covenant  with  the  said  E.  F., 
his  heirs  and  assigns,  that  in  pursuance  of  the  license  aforesaid,  I  took 
the  oath  and  gave  the  bond,  by  law  required,  and  gave  pubUc  notice 
of  said  sale,  as  above  set  forth. 

In  witness  whereof,  I,  the  said  A.  B.,  have,  (fee,  [as  in  §  311.] 


§  320.  Executors'  Deed, 
This  indenture,  made  the  day  of  ,  in  the  year 

,  between  E.  F.,  of,  <fec.,  and  L.  M.,  of,  &c.,  executors  of  the 
last  will  and  testament  of  A.  B.,  deceased,  late  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  of  the  fii-st  part, 

and  C.  D.,  of,  &c.,  of  the  second  part,  witnesseth:    That  the  said 
parties  of  the  first  part,  by  virtue  of  the  power  and  authority  to  them 
given,  in  and  by  the  said  last  will  and  testament,  and  for  and  in  con- 
sideration of  the  sum  of  dollars,  lawful  money  of  the  United 
States,  to  them  in  hand  paid,  at  or  before  the  ensealing  and  deUvery 
of  these  presents,  by  the  said  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,   have  granted,    bargained,    sold, 
aliened,  released,  conveyed  and  confirmed,  and  by  these  presents  do 
grant,  bargain,  sell,  alien,  release,  convey  and  confirm,  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  forever,  all  [descrip- 
tion :]  Together  with  all  and  singular,  the  hereditaments  and  appur- 
tenances, to  the  same  belonging,  or  in  any  wise  appertaining ;  and  the 
reversion  and  reversions,  remmnder  and  remainders,  rents,  issues,  and 
profits  thereof:    And  also,  all  the  estate,  right,  title,  mterest,  claim 
and  demand,  whatsoever,  both  in  law  and  equity,  which  the  said  tes- 
tator had  in  his  lifetime,  and  at  the  time  of  his  decease,  and  which 
the  said  parti<'S  of  the  first  part,  or  either  of  them,  have,  or  hath,  by 
virtue  of  the  said  last  will  and  testament,  or  otherwise,  of,  in  and  to, 
the  same,  and  every  part  and  parcel  thereof,  with  the  appurtenances : 
To  have  and  to  hold  the  aforegranted  premises,  to  him,  the  said  C. 
D.,  his  heirs  and  assigns,  to  liis  and  their  use  and  behoof,  forever. 
And  we,  the  smd  E.  F.  and  L.  M.,  do  covenant  with  the  said  C.  D., 
his  heirs  and  assigns,  that  we  arc  lawfully  the  executors  of  the  last 
will  and  testament  of  the  said  A.  B.,  and  that  we  have  not  made  or 
suffered  any  incumbrance  on  the  hereby  granted  premises,  since  we 
were  appointed  executors  of  said  A.  B. ;  and  that  we  have  in  all  res- 
pects acted,  in  making  this  conveyance,  in  pursuance  of  the  authority 
granted  to  us,  in  and  by  the  said  hist  will  and  testament  of  the  said 
A.  B. 


164  NEW  clerk's  assistant. 

In  testimony  whereof,  the  said  parties  of  the  first  part  have  here- 
unto set  their  hands  and  seals,  &c.,  [^as  in  §  308.] 


§  321,  Deed  of  Commissioners  in  Partition. 

Tliis  indenture,  made,  &c.,  between  A.  B.,  C.  D.,  and  E.  F.,  all 

of,  &c.,  commissioners  in  partition,  duly  appointed  as  hereinafter  men- 
tioned, of  the  first  part,  and  L.  M.,  of,  &c.,  of  the  second  part: 
Whereas,  S.  T.,  and  R.  T.,  of,  <kc.,  in  the  town  of  ,  in  the 

year  one  thousand  eight  hundred  and  ,  did  exhibit  to  the  County 
Court  of  the  county  of  ,  a  petition  for  a  division  and  partition 

of  certain  premises  therein  mentioned,  according  to  the  respective 
rights  of  the  parties  interested  therein,  and  for  a  sale  of  such  premises, 
if  it  should  appear  that  a  partition  thereof  could  not  be  made  without 
great  prejudice  to  the  owners,  pursuant  to  the  statute  relating  to  the 
partition  of  lands  owned  by  several  persons ;  in  which  petition  it  was, 
amongst  other  things,  set  forth,  that  the  said  petitioners,  [state  names 
of  parties  and  their  respective  interests,  as  in  the  petition:^  All 
which,  together  with  the  respective  interests  of  each  of  the  said  parties 
in  and  to  the  said  premises,  will  more  fully  appear  from  the  said 
petition,  now  on  file  in  the  office  of  the  clerk  of  the  said  court;  and 
whereas,  such  pi'oceeding-s  were  thereupon  had,  in  the  said  court,  that 
judgment  was  duly  rendered,  that  partition  of  the  said  premises  should 
be  made  according  to  the  several  rights  and  interests  of  the  said  par- 
ties :  And  thereupon,  to  make  such  partition,  the  parties  of  the  first 
part  to  these  presents  being  qualified,  were  by  the  said  court  ap- 
pointed commissioners :  And  whereas,  such  proceedings  were  after- 
wards had  in  the  said  court  upon  the  said  petition,  that  the  said  com- 
missioners, so  appointed,  as  aforesaid,  were,  by  a  rule  of  said  court, 
ordered  and  directed  to  sell  the  said  premises,  with  the  appurtenances, 
at  public  auction,  to  the  highest  bidder ;  giving  notice,  according  to 
law,  of  the  time  and  place  of  such  sale ;  and  that  they  should  make 
report  thereof  to  the  said  court,  as  by  the  records  of  the  said  court 
does  more  fully  and  at  large  appear.  And  whereas,  the  said  com- 
missioners, pursuant  to  tlie  said  order  and  direction,  after  giving  pub- 
lic notice  of  the  time  and  place  of  such  sale,  did,  on  the  day 
of  ,  18  ,-at  the  town  of  ,  in  said  county  of  , 
expose  to  sale  at  public  auction,  all  and  singular  the  stud  premises, 
with  the  appurtenances ;  at  which  sale  the  sjiid  premises,  [or,  a  part 
of  the  said  premises,]  as  follows,  ynz :  all  [descriptioi,^  were  sold  to 
the  said  party  of  the  second  part,  for  the  sum  of  dollars,  that 
being  the  highest  sum  bid  for  the  same :  And  whereas,  the  proceed- 
ings of  the  said  commissioners  in  the  premises  were  duly  reported  to 
the  said  court,  and  the  sale  approved  and  confirmed,  on  the  day 
of  ,  one  thousand  eight  hundred  and  ,  as  by  the  records 
of  the  said  court  more  fully  appears;  and  the  said  commissioners 


CONVEYANCES  BY  DEED  AND  MORTGAGE.  165 

were  thereupon,  by  the  said  court,  directed  to  execute  to  the  said 
pai'ty  of  the  second  part,  a  conveyance  of  said  premises,  pursuant  to 
the  saJe  so  made  as  aforesaid.  Now  this  indenture  witnesseth:  that 
the  s;iid  parties  of  the  first  part,  pursuant  to  tlie  direction  and 
authority  to  them  gmen,  and  for  and  in  consideration  of  the  sum  of 
money  so  bid  as  aforesaid,  to  them  in  hand  paid  by  the  said  party  of 
the  second  part,  at  or  before  the  ensealing  and  delivery  of  these 
presents,  the  receipt  whereof  is  hereby  acknowledged,  have  bargained, 
sold,  aliened,  conveyed  and  confirmed,  and  by  these  presents  do  bar- 
gain, sell,  alien,  convey  and  confirm,  unto  the  said  party  of  the  second 
part,  all  the  estate,  right,  title,  interest,  claim  and  demand,  of  the 
Sciid  parties  of  the  first  part,  and  also  all  the  right,  title,  interest,  claim 
and  demand,  of  aU  and  singular,  the  several  and  respective  parties  to 
the  proceedings  in  partition  aforesaid,  of,  in  and  to,  all  and  singular 
the  said  premises  above  particularly  described  as  purchased  by  the 
eaid  party  of  the  second  part ;  together  with  all  and  singular  the 
hereditaments  and  appurtenances,  to  the  same  belonging,  or  in  any 
wise  appertaining,  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues,  and  profits  thereof,  and  of  every  part  thereof: 
To  have  and  to  hold  the  said  above  bargained  premises,  with  the  ap- 
purtenances, and  every  part  thereof,  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  to  his  and  their  only  proper  use 
and  behoof,  forever,  in  as  full  and  ample  a  manner,  as  the  said 
parties  of  the  first  part  ought  to  do,  pursuant  to  the  statute  and  the 
authority  as  aforesaid. 

In  wtness  whereof,  the  said  parties  have  hereunto  interchangeably 
set  their  hands  and  seals,  the  day  and  year  first  above  WTitten. 

Sealed  and  delivered,  )  A.  B.  ' 

in  presence  of  >•  C.  D. 

G.  H.  E.  F. 


L  M. 


,  §  322.  Deed  icith   Trust  Habendum   Clause. 

This  indenture,  made,  &c.,  [as  in  §  308,  or  §  312,  to  the  *,  ana 
then  udd:'\  To  have  and  to  hold  all  and  singidar  the  said  hereinbe- 
fore granted  and  described  premises,  witii  the  appurtenances,  unto 
tlie  siiid  C.  D.,  upon  the  trusts,  nevertheless,  and  to  and  for  the  uses, 
interests  and  purposes,  hereinafter  limited,  described  and  declared ; 
that  is  to  say,  upon  trust  to  receive  the  issues,  rents  and  profits,  of 
the  said  premises,  and  apply  the  same  to  the  use  of  E.  F.,  during  the 
term  of  liis  natural  life,  and,  after  the  death  of  the  said  E.  F.,  to 
convey  the  same  by  deed,  to  G.  H.  in  fet. 

la  witness,  (tc,  [as  in  §  308.]  A.  B.     [l.  s,] 


166  NEAV  clerk's  assistant. 

§  323.  Deed  hy   Trustees  of  an  Absconding  Debtor. 

To  all  to  whom  these  presents  shall  come :  We,  A.  B.,  C.  D.  and 
E.  F.,  of  the  county  of  ,  and  State  of  New  York,  Trustees  of 

the  estate  of  G.  H.,  an  absconding  debtor,  late  of  ,  in  the 

said  county,  send  greeting: 

Whereas,  by  an  order  of  J.  P.  H.,  Esquire,  County  Judge  of  said 
county  of  ,  an  attachment  was  issued  against  the  estate,  both 

real  and  personal,  of  the  said  G.  H.,  on  the  day  of  , 

18       ,  directed  to  the  Sheriff  of  the  said  county  of  ,  who, 

by  virtue  of  the  same,  attached  all  the  property,  both  real  and  per- 
sonal, of  the  said  G.  H.  in  the  county  of  ;  and  due  notice  of  said 
attachment  having  been  published  for  the  time,  and  in  the  manner, 
required  by  the  statute  in  such  case  made  and  provided,  afterwai'ds, 
to  wit,  on  the  day  of  ,  1 8  ,  by  order  of  J.  P.  H., 
Esquire,  aforesaid,  we,  the  said  A.  B.,  C.  D.  and  E.  P.,  were  duly 
appointed  Trustees  of  the  estate  of  the  said  G.  H.,  and  for  all  his 
creditors,  with  such  powers  concerning  the  estate,  real  and  personal, 
of  the  said  G.  H.,  as  are  given  by  statute  in  case  of  an  absconding 
debtor :  and  we  did  on  that  day  each  of  us  take  the  oath  required  by 
statute,  for  the  faithful  discharge  of  the  trust  reposed  in  us  as  Trus- 
tees, and  cause  notice  of  our  appointment  to  be  published,  according 
to  law :  and  whereas,  we,  the  said  A.  B.,  C.  D.  and  E.  P.,  having 
given  public  notice  of  the  intended  sale,  by  causing  notice  thereof  to 
be  printed  and  inserted  two  weeks,  successively,  in  the  ,  a 
newspaper  printed  in  the  said  county  of  ,  and  having  caused 
notice  of  the  same  to  be  posted  up  in  four  public  places  in  said 
Bounty,  we  did,  on  the  day  of  ,18,  pursuant  to  the 
issuing  of  said  attachment,  the  appointment  and  notice  aforesaid,  sell 
by  public  auction,  the  real  estate  of  the  said  G,  H.,  hereinafter  de- 
scribed, to  L.  M.,  of  ,  for  the  sum  of  dollars ;  he 
being  the  highest  bidder  therefor,  and  that  being  the  highest  sum 
bid  for  the  same. 

Now,  therefore,  know  ye,  that  we.  the  said  A.  B.,  C.  D.  and  E.  P., 
by  virtue  of  the  power  and  authority  in  us  vested,  as  aforesaid,  and 
in  consideration  of  the  aforesaid  sum  of  dollars  to  us  paid 

by  the  said  L.  M.,  the  receipt  whereof  is  hereby  acknowledged,  do 
hereby  grant,  bargain,  sell  and  convey,  unto  the  said  L.  M.,  his 
heirs  and  assigns,  all  the  interest  which  the  smd  G.  H.  had  on  the 
day  of  ,  18     ,  [inaert  the  day  on  which  the  attachment 

issued,'^  to  all  that  certain  piece  or  parcel  of  land,  Ac,  [describe  the 
2}r€miscs:'\  To  have  and  to  hold  the  above  grranted  and  described 
premises  to  the  said  L.  M.,  his  heirs  and  assigns,  forever 

In  testimony  whereof,  &c.,  \ns  in  §  320.] 


CONA'EYANCES  BY  DEED  aND  MORTGAGE.  167 

§  3*^4.  Sheriff  ^s  Certificate  of  the  Sale  of  Real  Estate,  on  an 
Execution. 
Supreme  Court, 

A.  B.  )      I,  A.  P.,  Sheriff  of  the  county  of  ,  do 

against         >  hereby  certifj',  that  by  virlue  of  an  execution  in  the 
E.  D.  )  above  cause,  tested  the  day  of  ,  in  the 

year  ,  by  Avhich  I  was  commanded  to  make,  of  the  goods  and 

cliattels  of  E.  D.,  in  my  bailiwick,  dollars,  which  A.  B.  had 

recovered  against  him  in  the  said  court,  for  his  damages,  Avhich  lie 
had  sustiiined,  as  well  by  reason  of  the  not  performing  certain  pro- 
mises, \or,  for  the  detention  of  a  certain  debt;  or,  as  the  cause  of 
action  may  he,'\  as  for  his  costs  and  charges;  and  if  sufficient  goods 
and  chattels  could  not  be  found,  that  then  I  should  cause  the  said 
damages  to  be  made  of  the  real  estate  which  the  said  E.  D.  had,  on 
the  day  of  ,  in  the  j^ear  ,  or  at  any  time  after- 

wards, in  whose  hands  soever  the  same  might  be;  as  by  the  said 
writ  of  execution,  reference  being  thereimto  had,  more  fuUy  appears: 
I  have  levied  on,  and  this  day  sold,  at  public  auction,  according  to 
the  statute  in  such  case  made  and  provided,  to  E.  F.,  who  was  the 
highest  bidder,  for  the  sum  of  dollars,  which  was  the  whole 

consideration  of  such  sale,  the  real  estate  described  as  follows,  to 
wit:  all  [clescription :^  And  that  the  sale  will  become  absolute  at  the 
expiration  of  fifteen  calendar  months  from  tliis  day,  to  wit,  on  the 
day  of  ,  A.  D.  18      ,  and  E.  F.,  or  his  assigns,  be  en- 

titled to  a  conveyance,  pursuant  to  law,  unless  the  said  lands  shall  be 
redeemed. 

Given  under  m}-  hand,  this  first  day  of  ,18 

A.  P.,  Sheriff  of  the  County  of 


§  325.  Affidavit  to  Entitle  a  Creditor  to  Redeem,  to  be  Endorsed 
on  a  Certified  Copy  of  the  Docket  of  his  Judgment 
State  of  New  York,  ) 
Count}',  \ 
L.  M„  \or,  S.  T.,  attorney,  or,  agent,  of  L.  M.,]  a  judgment  credi- 
tor of  C.  D.,  named  in  the  copy  of  the  docket  of  judgment  hereunto 
annexed,  being  duly  sworn,  says,  that  the  true  sum  due  on  said  judg- 
ment, at  the  time  of  claiming  the  right  to  acquire  the  title  of  E.  F., 
the  original  purchaser  at  the  Sheriff's  sale  of  the  real  estate  of  C. 
D.,  is  dollars  and  cents. 

Sworn  to,  this         day  of        ,  )  L.  M. 

A.  D.  18     ,  before  me,  f 

G.  H.,  Justice  of  the  Peace. 


168  NEW  clerk's  assistant. 

§  326.  Sheriff's  Deed,  where  Land  is  Sold  under  an,  Execution 
This  indenture,  made,  &c.,  between  A.  P.,  Esquire,  Sheriflf,  \or, 
Jate  Sheriff,]  of  the  county  of  ,  of  the  first  part,  and  E.  F.,  of, 

&c.,  of  the  second  part:  Whereas,  by  virtue  of  a  certain  execution 
issued  out  of  and  under  the  seal  of  the  Supreme  Court  of  the  State 
of  New  York,  tested  the  day  of  ,  in  the  year  18     ,  at 

the  suit  of  A.  B.,  plaintiff,  arijainst  C.  D.,  defendant,  chrected  and  de- 
livered to  the  said  SheriflP,  commanding  him  that  of  the  goods  and 
chattels  of  the  said  defendant,  he  should  cause  to  be  made  certEiin 
moneys,  in  the  said  writ  specified,  and  if  sufficient  goods  and  chat- 
tels could  not  be  found,  that  then  he  should  cause  the  amount  so 
specified  to  be  made  of  the  real  estate  which  the  said  defendant  had 
on  a  day  in  the  said  writ  mentioned,  or  at  any  time  afterwards,  in 
whose  hands  soever  the  same  might  be,  the  said  Sheriff  did  le\y  on 
and  seize,  all  the  estate,  right,  title  and  interest,  which  ihe  said  de- 
fendant so  had,  of,  in  and  to,  the  premises  hereinafter  conveyed  and 
described ;  and  on  the  day  of  ,  one  thousand  eight  hun- 

dred and  ,  sold  the  said  premises  at  public  vendue,  at  the  house 

of  ,  in  the  town  of  ,  in  the  said  county;  having  first 

given  pubhc  notice  of  the  time  and  place  of  such  sale,  by  advertis- 
ing the  same  according  to  law ;  at  which  sale  the  said  premises  were 
struck  off  to  E.  F.,  for  the  siim  of  dollars,  he  being  the  liighest 

bidder,  and  that  being  the  highest  sum  bidden  for  the  same.*  And 
whereas,  the  said  premises,  after  the  expiration  of  fifteen  months  from 
the  time  of  said  sale,  remained  unredeemed,  and  no  creditor  of  the 
said  0.  D.  hath  acqmred  the  right  and  title  of  the  said  purcliaser, 
according  to  the  statute  in  such  case  made  and  provided.*  [If  the 
deed  is  given  to  a  redeeming  creditor,  substitute  the  name  of  sttch  cre- 
ditor for  E.  F.,  as  aforesaid,  and  instead  of  the  tvords  between  the 
two  *s,  say:  And  whereas,  the  said  pi-emises,  after  the  expiration  of 
one  year  from  the  time  of  said  sale,  remained  unredeemed,  by  any 
person  entitled  to  make  such  redemption  within  that  time ;  and  where- 
as, L.  M.,  a  creditor  of  the  said  C.  D.,  having  in  liis  own  name  [or, 
as  assignee;  or,  representative;  or,  trustee]  a  judgment  in  the  Su- 
preme Court,  (fee,  against  the  said  C.  D.,  for  the  sum  of  dol- 
lars, in  an  action  of  ,  rendered  before  the  expiration  of  fifteen 
months  from  the  time  of  such  sale,  and  which  is  a  hen  and  charge 
on  the  premises  so  sold,  hath  acquh-ed  all  the  rights  of  the  said  E.  F., 
tlie  original  purchaser  to  said  premises,  witliin  the  time,  and  in  the 
manner  and  form  prescribed  by  the  statute  in  such  case  made  and 
provided ;  and  no  other  crexiitor  of  the  said  C.  D.  hath  acquired  tlie 
said  rights  from  or  against  the  said  E.  F.]  Now  tliis  indenture  wit- 
nesseth :  that  the  said  party  of  the  first  part,  by  virtue  of  the  said 
writ,  and  in  pursuance  of  the  act  in  such  case  made  and  provided, 
and  in  consideration  of  the  sum  of  money  so  bidden  as  aforesaid,  to 
him  duly  paid,  hath  sold,  and  by  these  presents  doth  grant  and  con- 


CONVEYANCES  BY  DEED  OR  MORTGAGE. 


169 


vey,  unto  the  said  party  of  the  second  part,  all  the  estate,  right,  title 
and  interest,  which  the  said  defendant  had  on  the  said 
day  of  ,  one  thousand  eight  hundred  and  ,  or 

at  any  time  afterwards,  of,  in  and  to,  all  [description:^  To  have  and 
to  hold  the  said  above  mentioned  premises,  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  forever,  as  fully  and  absolutely  as 
the  said  party  of  the  first  part,  as  Sheiiflf  aforesaid,  can,  or  ought  to, 
by  vii-tue  of  the  said  writ  and  the  law  relating  thereto. 

In  witness  whereof,  the  said  Sheriff  has,  &c.,  [as  in  §  308.] 

§  327.  Sheriff's  Deed  in  Partition,  where  Sale  is  Ordered} 
This  indenture,  made,  &c.,  between  A.  P.,  Esquire,  Sheriff  of  the 
county  of  ,  in  the  State  of  New  York,  of  the  first  part,  and 

C.  D.,  of,  (fee,  of  the  second  part :  Wliereas,  in  and  by  a  certain  de- 
cree, made  at  a  County  Court  held  at  the  town  of  ,  in 
and  for  said  county,  before  J.  P.  H.,  Esqiui-e,  County  Judge,  on  the 
day  of  ,  one  thousand  eight  hundi'ed  and  , 
in  a  certain  cause  there  pending  in  the  said  court,  between  E.  B., 
complainant,  and  A.  B.,  C.  B.,  and  D.  B.,  defendants,  it  was,  amono- 
other  things,  ordered,  adjudged  and  decreed,*  that  the  said  Sheriff' 
do  sell,  in  such  separate  parcels  as  he  shall  deem  most  for  the  benefit 
of  the  said  parties,  according  to  the  rules  and  practice  of  the  said 
coiut,  and  according  to  the  statute  in  such  case  made  and  pro"\ided, 
all  and  singular  the  several  pieces  or  parcels  of  land  and  premises 
therein  mentioned,  whereof  partition  is  sought  by  the  complainant's 
biU  of  complaint  filed  in  the  above  cause,  at  public  auction,  at  the 
town  of  ,  in  the  said  county  of  ,  after  givino-  six 
week's  previous  notice  of  the  time  and  place  of  such  sale,  in  one  of 
the  public  newspapers  published  in  the  said  coimty  of  ,  and  in 
such  other  manner  as  required  by  law ;  that  the  said  Sheriff,  after 
such  sale,  make  report  thereof  to  the  said  court;  and  after  such  re- 
port of  sale  shall  have  been  duly  confirmed,  and  the  said  decree  shall 
have  been  enrolled,  that  the  said  Sheriff  execute  and  dehver  deeds 
of  conveyance  for  the  said  premises,  in  fee  simple,  to  the  purchasers 
thereof,  at  the  said  sale ;  and  whereas,  the  said  Sheriff,  in  pursuance 
of  said  decree,  and  having  given  due  notice  of  the  time  and  place  of 
sale,  agreeably  to  the  sjiid  decree,  did,  on  the  day  of  , 
A.  D.  18  ,  sell  at  public  auction,  at  the  town  of  ,  afore- 
said, the  premises  in  the  said  decree  mentioned ;  at  which  sale,  the 
premises  hereinafter  described,  were  struck  ©ff  and  sold,  to  the  said 
party  of  the  se^jond  part,  for  the  sum  of  dollars,  that  being 
the  highest  sum  bidden  for  the  same ;  and  such  sale  having  been 
reported  by  the  said  Sheriff  to  the  said  court,  and  duly  confirmed, 


>  Sheiitrs  may  sell  any  lands  in  their  res- 
pective counties,  ordered  to  be  sold  by  a 
decree  of  any  court  of  record,  and  pive  con- 
veyances iliereof,  in  the  same  manner,  and 
viib  like  efi'cct,  as  was  formerljr  doae  by  a 


Master  in  Chancery.  (Laws  of  1S47,  chap. 
2S0,  art.  VI..  §  77.)  The  Sheriff  receives 
his  disbursements  for  printing,  and  fees  foi 
selling.    See,  chapter  XVIII. 


170  NEW  clerk's  assistant. 

and  the  said  decree  having  been  also  enrolled:  Now  this  indenture 
witnesseth:  that  the  said  Sheriff,  in  order  to  carry  into  effect  the 
sale  so  made  by  him,  as  aforesaid,  in  pursuance  of  the  said  decree  of 
the  said  court,  and  in  conformity  to  the  statute  m  such  case  made  and 
provided,  and  also  in  consideration  of  the  premises,  and  of  the  said 
sum  of  money  so  bidden,  as  aforesaid,  being  first  duly  paid  to  him  by 
the  sjud  party  of  the  second  part,  the  receipt  whereof  is  hereby  ack- 
nowledged, hath  granted,  bargained,  sold  and  conveyed,  and  by  these 
presents  doth  grant,  bargain,  sell  and  convey,  unto  the  said  party  of 
the  second  part,  liis  heirs  and  assigns,  forever,  all  [description:^  To 
have  and  to  hold  all  and  singular  the  premises  above  mentioned  and 
desciibed,  and  hereby  conveyed,  or  intended  to  be,  unto  the  said 
party  of  the  second  part,  liis  hehs  and  assigns,  to  his  and  their  own 
proper  use,  benefit  and  behoof,  forever. 

In  witness  whereof,  the  said  Sheriff'  has,  &c.,  [as  in  §  308.] 


§  328.  Sheriff's  Deed  on  Foreclosure. 
This  indenture,  <Sic. :  [as  in  §  327  to  the  *,  and  then  a.dd:'\  That 
all  and  singular  the  mortgaged  premises  mentioned  in  the  com- 
plaint in  said  cause,  and  in  said  decree  described,  or  so  much  thereof 
as  might  be  sufficient  to  raise  the  amount  due  to  the  complainant,  for 
principal,  interest,  and  costs,  in  said  cause,  and  which  might  be  sold 
separately,  without  material  injury  to  the  parties  interested,  be  sold  at 
public  auction,  according  to  the  course  and  practice  of  this  court,  and 
under  the  direction  of  the  said  Sheriff,  party  of  the  first  part;  that 
the  said  sale  be  made  on  the  day  of  ,  then  next,  at 

o'clock  in  the  forenoon  of  that  day,  at  the  court  house  in  the 
town  of  ,  in  the  county  of  ,  aforesaid ;  that  the  said 

Sheriff  give  pubUc  notice  of  the  time  and  place  of  such  sale,  accord- 
ing to  the  course  and  practice  of  said  court,  and  that  any  of  the  pai-- 
ties  in  said  cause  might  become  a  purchaser,  or  purchasers,  on  such 
sale ;  that  the  said  Sheriff  execute  to  the  purchaser,  or  purchasers,  of 
the  said  mortgaged  premises,  or  such  part  or  parts  thereof  as  should 
be  sold,  a  good  and  sufficient  deed,  or  deeds,  of  conveyance,  for  the 
same ;  and  whereas  the  said  Sheriff,  in  pursuance  of  the  order  and 
decree  of  the  said  court,  did,  on  the  said  day  of  , 

Ai  D.  1€  ,  sell  at  public  auction,  at  the  court  house  in  the  town  of 
,  aforesmd,  the  premises  in  the  said  order  mentioned,  due 
notice  of  the  time  and  place  of  such  sale  being  first  given,  agreeably 
to  the  said  order;  at  which  sale,  the  premises  hereinafter  described 
were  struck  off  to  the  said  party  of  the  second  part,  for  the  sum  of 
dollars,  that  being  the  highest  sum  bidden  for  the  same. 
Now  tliis  indenture  witnesseth:  [as  in  §  327  to  the  end.'\ 


CONVEYANCES  BY  DEED  AND  MORTGAGE.  l7l 

§  329.  Deed  of  Right  of  Way. 

This  indenture,  made,  &c.,  betAveen  A.  B.,  of,  &c.,  of  the  first 
part,  and  C.  D.,  of,  (tec,  of  the  second  part :  Whereas  the  said  party 
of  the  second  part  hath  this  day  granted,  sold,  and  conveyed  unto  the 
paid  party  of  the  first  part,  his  heirs  and  assigns,  by  warranty  deed, 
executed  by  the  party  of  the  second  part  to  the  party  of  the  first  part, 
iind  bearing  even  date  herewith,  a  certain  piece  or  parcel  of  land, 
described  in  said  deed,  as  follows,  to  wit:  all  [^descrijMon:^  And 
whereas  the  said  party  of  the  second  part  is  still  owned  and  possessed 
of  certain  lands  lying  in  the  rear  of  the  above  described  premises : 
Now,  therefore,  this  indenture  witnesseth :  that  the  said  party  of  the 
first  part,  in  consideration*  of  the  grant,  sale,  and  conveyance,  as 
aforesaid,  and*  of  the  sum  of  dollars,  to  him  in  hand  paid  by 

the  said  party  of  the  second  part,  the  receipt  whereof  is  hereby  ack- 
nowledged, doth  hereby  grant,  bargain,  sell,  and  confirm,  unto  the 
said  party  of  the  second  part,  and  to  his  heirs  and  assigns,  forever,  a 
right  of  way  in  and  over  ii  certain  strip  of  land  on  the  east  side  of 
the  dwelling  house  on  the  above  described  premises,  conveyed  to  the 
party  of  the  first  part,  as  aforesaid,  for  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  and  his  and  their  servants  and  tenants,  at 
all  times  freely,  to  pass  and  repass,  on  foot,  or  "nath  horses,  oxen,  cat- 
tle, beasts  of  burden,  wagons,  carts,  sleighs,  or  other  vehicle  or  car- 
riage whatsoever,  from  the  highway  to  the  lands  of  the  said  party  of 
the  second  part,  as  aforesaid,  and  from  the  said  lands  of  the  party  of 
the  second  part  to  the  highway,  as  aforesaid,  the  said  certain  strip  of 
land  being  of  the  width  of  two  rods,  and  running  from  the  south 
boundary  of  the  premises  above  conveyed  to  the  party  of  the  first 
part,  to  the  said  lands  belonging  to  the  party  of  the  second  part, 
situate  in  the  rear  thereof,  and  the  said  way  is,  and  shall  be,  forever, 
of  the  dimensions  of  the  said  strip  of  land,  as  aforesaid :  To  have  and 
to  hold  the  said  easement  and  privilege  to  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  forever,  as  appurtenances  belonging  to 
liis  and  their  lands,  as  aforesaid.  [If  necessary,  insert  covenants  of 
seizin,  warranty,  <i:c.^ 

In  witness,  &c.,  \as  in  §  308.]  * 


§  330.  Deed  of  a  Water  Course. 

Tliis  indenture,  made,  <kc.,  between  A.  B.,  of,  <fec.,  of  the  first  part, 

and  C.  D.,  of,  &c.,  of  the  second  part:  Whereas  the  said  parties,  at 

the  time  of  the  sealing  and  delivery  of  these  presents,  are  respectively 

seized  in  fee,  of  and  in  two  contiguous  tracts,  pieces,  or  parcels,  of 


>  If  ihe  right  of  way  is  granted  for  a  money  I  line,  to  Indenture,  in  the  tenth  line ;  and  alM 
consideration  solely,  omit  the  words  m  the      those  between  the  two  *s. 
foregoing  form,  from  ffhereai,  in  the  second  | 


172  NEW  clerk's  assistant. 

and,  witli  the  appurtenances,  in  the  town  of  ,  aforesaid ;  and 

whereas  there  is  a  dam  and  race,  or  water  course,  erected  and  made 
in  and  upon  a  certain  stream  of  water  known  as  ,  within  the 

land  of  the  said  party  of  the  first  pai-t,  for  the  purpose  of  furnisliing 
water  for  a  flournig  mill,  erected  on  tl;e  land  of  the  said  party  of  the 
first  pait,  and  owned  by  him:  Isow,  therefore,  this  indenture  witness- 
eth :  tliat  the  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  dollars,  to  him  in  hand  paid  by  the  party  of  the  second 

part,  at  or  before  the  sealing  and  deUvery  hereof,  (the  receipt  whereof 
he  does  hereby  acknowledge,)  has  granted,  bargained,  sold,  released, 
and  confirmed,  and  by  these  presents  does  grant,  bargain,  sell,  release, 
and  confirm,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  all  the  water  of  the  said  stream  of  water,  which  may  or  can 
be  led  and  conveyed  from  the  easterly  side  of  the  said  dam,  in  a  race, 
or  flume,  to  be  constructed  at  the  cost,  charge,  and  expense  of  the 
party  of  the  second  part,  four  feet  in  width,  and  four  feet  in  depth, 
measuring  from  the  surface  of  the  embankment  forming  the  saia 
dam :  To  have  and  to  hold  all  and  singular  the  said  easement^  <fec., 
[as  in  §  329.]  • 


§  331.  Deed  of  Confirmation. 

This  indenture,  made,  Szc,  between  A.  B.,  of,  &c.,  of  the  first  pai% 
and  C.  D.,  of,  ijc,  of  the  second  part:  Whereas,  by  a  certain  deed 
of  bargain  and  sale,  bearing  date  on  or  about  the,  &c.,  and  made 
between  C.  B.  and  A.  B.,  of  the  one  part,  and  the  said  C.  D.  of  the 
other  part,  for  the  consideration  of  dollars,  the  premises 

therein  mentioned  and  heremafter  intended  to  be  released  and  con- 
firmed, are  thereby  granted  and  conveyed,  or  intended  so  to  be,  unto 
and  to  the  use  of  the  said  C.  D.,  his  heirs  and  assigns,  forever ;  as  by 
the  said  indenture  of  bargain  and  sale,  relation  being  theretuito  had, 
may  more  fully  appear.  And  whereas,  the  said  A.  B.,  at  the  time  of 
the  date  and  making  the  said  in  part  recited  indenture  of  bargain 
and  sale,  was  not  of  the  age  of  twenty-one  years,  but  hath  since 
attained  to  such  age,  and  hath  this  day,  and  before  the  execution  of 
these  presents,  duly  sealed  and  dehvered  the  said  in  part  recited  in- 
denture of  bargain  and  sale :  Now  this  indenture  witnesseth :  that,  as 
well  in  the  pcrf(jrraance  of  a  covenant  for  further  assurance  in  the 
said  indenture  of  bargain  and  sale  contained,  as  also  for  and  in  con- 
sideration of  the  sura  of  dollars,  to  him,  the  said  A.  B., 
in  hand  paid  by  the  said  C.  D.,  the  receipt  whereof  the  said  A-  B. 
doth  hereby  acknowledge,  he,  the  said  A.  B.,  hath  remised,  released, 
aliened  and  quit-claimed,  and  by  these  presents  doth  absolutely  re 
mise,  release,  alien  and  forever  quit-claim  and  confirm,  unto  the  said 
C.  D.,  in  his  actual  possession  now  being,  by  virtue  of  the  before 
mentioned  indenture  of  bargain  and  sale,  and  to  liis  heirs  and  assigns. 


CONVEYANCES  BY  DEED  AND  MORTGAGE.  173 

all  [desa-ijytion:]  To  have  and  to  hold  the  above  mentioned  premises 
to  the  use  of  the  said  C.  D.,  his  heirs  and  assigns,  forever.      [Insert 
such  covenants  as  may  be  necessary.'^ 
In  witness,  <fec.,  [as  in  §  308.] 


§  332.   Confirmation  of  Deed  by  Endorsement, 

Be  it  known,  that  the  within  indenture  was  executed  by  A.  B., 
therein  named,  while  under  the  age  of  twenty-one  years,  who  has 
now  attained  his  fuU  age  of  twenty-one  years ;  and  that  the  said  A. 
B.  has,  on  this  day  of  ,  sealed  and  delivered  this 

present  indenture  as  his  own  act  and  deed. 

In  witness  whereof,  the  said  A.  B.  has  hereunto  set  his.  hand  and 
seal,  the  day  and  year  above  written. 

Sealed,  &c.,  [as  in  §  308.] 


§  333.    Conveyance  by  Lease  and  Release} 

[lease.] 

This  indenture,  made,  &c.,  between  A.  B.,  of,  &c.,  of  the  first  part, 
and  C.  D.,  of,  &c.,  of  the  second  part,  witnesseth :  That  the  said  A. 
B.,  for  and  in  consideration  of  the  sum  of  one  dollar,  to  him  in  hand 
paid  by  the  said  C.  D.,  at  or  before  the  ensealing  and  delivery  of 
these  presents,  the  receipt  whereof  is  hereby  acknowledged,  hath 
granted,  bargained  and  sold,  and  by  these  presents  doth  grant,  bar- 
gain and  sell,  unto  the  said  C.  D.,  liis  executors,  administrators  and 
assigns,  all,  [description,^  and  the  reversion  and  reversions,  remainder 
and  remainders,  rents,  issues  and  profits,  of  all  and  singular  the  said 
premises,  and  every  part  and  parcel  thereof,  with  the  appurtenances : 
To  have  and  to  hold  the  said  lands,  hereditaments  and  premises,  above 
granted,  bargained  and  sold,  and  every  part  and  parcel  thereof  with 
the  appurtenances,  unto  the  said  C.  D.,  his  executors,  administrators 
and  assigns,  from  the  day  before  tlie  day  of  the  date  hereof,  for  and 
during,  and  imtil,  the  full  end  and  term  of  one  whole  year,  from 
thenceforth  next  ensuuig,  and  fully  to  be  completed  and  ended, 
j-ielding  and  paying  therefor,  at  the  expiration  of  the  said  year,  one 
farthing,  if  the  same  shall  be  lawfully  demanded;  to  the  intent  that, 
by  nilue  of  these  presents,  and  by  force  of  the  statute  made  for  the 
transferring  of  uses  into  possession,  he,  the  said  C.  D.,  may  be  in  the 
actual  possession  of  all  and  singular  the  said  premises  above  bar- 
gained and  sold,  with  the  appurtenances,  and  be  thereby  enabled  to 


^  The  lease  ehould  precede  ihe  release,  and  should  be  dated  the  day  before  the  IalK>r. 
Any  covcnauta  that  may  be  required,  can  be  inaerted  before  the  in  Uaiimonium  clause  in 
Um  release. 


174  NEW  clerk's  assistant. 

take,  and  accept  of,  a  grant  and  release  of  tlie  reversion  and  inlieri- 
tance  thereof,  to  him  and  his  heirs,  to,  for  and  upon,  such  uses,  in- 
tents and  purposes,  as  in  and  by  tlie  said  grant,  or  release,  shall  be 
thereof     directed  or  declared. 
In  wtness,  &c.,  [as  in  §  308.] 


[release.] 

This  indenture,  made,  &c.,  betwen  A.  B.,  of,  &c.,  of  the  first  part, 
and  C.  D.,  of,  &c.,  of  the  second  part,  witnesseth :  That  the  said  A. 
li.,  for  and  in  consideration  of  the  sum  of  dollars,  to  him, 

the  said  A.  B.,  in  hand  paid,  at  or  before  the  ensealing  and  delivery 
of  these  presents,  the  receipt  whereof  he,  the  said  A.  B.,  doth  hereby 
acknowledge,  hath  granted,  bargained,  aliened,  released  and  con- 
firmed, and  by  these  presents  doth  grant,  bargain,  alien,  release  and 
confirm,  unto  the  said  C.  D.,  (in  his  actual  possession  now  being,  by 
virtue  of  a  bargain  and  sale  to  him  thereof  made,  for  one  whole  year, 
by  indenture  bearing  date  the  day  next  before  the  ensealing  of  these 
presents,  and  by  force  of  the  statute  made  for  transferring  uses  into 
possession,)  and  to  his  iieirs  and  assigns,  all  [description,^  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues 
and  profits,  of  all  and  singular  the  said  premises,  and  every  part  and 
parcel  thereof,  with  the  appurtenances ;  and  also,  all  the  estate,  right, 
title,  interest,  property,  claim  and  demand,  whatsoever,  in  law  or 
equity,  of  him,  the  said  A.  B.,  of,  in  and  to,  all  and  singular  the  said 
premises  above  mentioned,  and  of,  in  and  to,  every  part  and  parcel 
thereof,  with  the  appurtenances :  To  have  and  to  hold  all  and  singidar 
the  said  premises  above,  in  and  by  these  presents,  released  and  con- 
firmed, and  every  part  and  parcel  thereof,  with  the  appurtenances, 
unto  the  said  C.  D.,  his  heirs  and  assigns,  to  his  and  their  only  proper 
use  and  behoof,  forever ;  [or,  to  and  for  such  uses,  intents,  and  pur- 
poses as  are  hereinafter  mentioned,  to  wit;  &c.] 

In  witness,  (fee,  [as  in  §  308.] 


§  334.  Z>eed  of  Exchange  of  Lamls. 

This  indenture,  made,  (fee,  between  A.  B.,  of,  (fee,  of  the  first  part, 
and  C.  D.,  of,  (fee,  of  the  second  part,  witnesseth :  That  the  said  A. 
B.  hath  given  and  granted,  and  by  these  presents  doth  give  and 
grant,  unto  the  said  C.  D.,  his  heirs  and  assigns,  all  [description,] 
with  all  and  every  of  the  appurtenances,  in  exchange  of  and  for  the 
lands  hereinafter  mentioned,  of  the  said  C.  D. :  To  have  and  to  hold 
the  said  premises,  with  the  appurtenances,  to  the  said  C.  D.,  his 
lieirs  and  assigns,  forever.  And  the  said  A.  B.  doth  covenant,  (fee. 
[Insei't  such  covenants  as  may  he  necessary^  And  the  said  C.  D. 
hath  likewise,  on  his  part,  given  and  granted,  and  by  these  presents 


CONVEYANCES  BY  DEED  AND  MORTGAGE.  lV5 

doth  give  and  grant,  unto  the  said  A.  B.,  his  heirs  and  assigns,  all 
[description,^  with  all  and  every  of  the  appurtenances,  in  exchange 
of  and  for  the  premises  first  above  described :  To  have  and  to  hold 
the  above  granted  premises,  with  the  appurtenances,  to  the  said  A. 
B.,  his  heirs  and  assigns,  forever,  as  afoEssaid  And  the  said  C  D. 
Joth  covenant,  &c.,  [as  above.] 

In  Avitness  whereof,  the  said  parties  have  hereunto  set  their  hands 
and  seals,  &c.,  [as  in  §  308.] 


§  335.  Deed  of  a  Peiu  in  a  Church. 

Know  all  men  by  these  presents :  That  we,  A.  B.,  C.  D.,  E.  F., 
(fee,  &c.,  the  Trustees  of  the  First  Methodist  Episcopal  Society  of 
the  town  of  ,  in  the  county  of  ,  and  State  of  ,  [or, 

as  the  corporate  style,  or  title,  of  the  church  may  6e,]  in  considera- 
tion of  the  sum  of  dollars,  to  us  in  hand  paid,  by  L.  M.  of,  <fec., 
the  receipt  whereof  is  hereby  acknowledged,  do  hereby  sell  and  con- 
vey unto  the  said  L.  M.,  a  certain  pew,  being  number  ,  situate  m 
the  church  occupied  by  the  said  First  Methodist  Episcopal  Society  of 
the  town  of  ,  [or,  situate  in  the  church  on  street,  in  the 
city  of,  ,  aforesaid,  occupied,  &c. :]  To  have  and  to  hold  the 
same  unto  the  said  C.  D.,  his  lieirs,  executors,  administrators  and 
assigns,  forever;  subject  to  all  Habilities  and  incumbrances  now 
legally  existing,  and  to  such  taxes  and  assessments  as  may  from  time 
to  time  be  laid  thereon ;  provided,  however,  that  no  alteration  shall 
be  made  in  said  pew,  nor  shall  the  same  be  sold  or  transferred,  by 
deed  of  sale,  or  mortgage,  mthout  the  written  consent  of  the  trustees 
of  said  society,  [or  as  the  title  of  the  officers  may  be,]  for  the  time 
being;  and  further,  that  if,  at  any  time,  there  shall  be  owing  from 
said  pew,  a  sum  equal  to  one  year's  taxes,  this  conveyance  shall 
be  wholly  void,  and  all  the  right,  title  and  interest,  of  the  said  L.  M., 
liis  heirs,  executors,  administrators  and  assigns,  in  and  to  the  said 
pew,  shall  revert  to  the  said  society,  [or,  church.] 

In  -R-itness  whereof,  we  have  hereunto  set  our  hands,  and  the  cor- 
porate seal  of  said  society,  [or,  church]  this  day  of  , 
A.  D.,  18     . 

Sealed  and  delivered,  )  A.  B.      )     ^rv, 

in  presence  of  f  C.  D.      V     ^^^tees  j-^  ^  -j 

G.  H.  (fee,  (fee,  )        ' 

§  336.  Mortgage} 
Tins  indenture,  made  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  between  A.  B.,  of, 

>  A  mortgage  given  for  the  purchase  I  liens,  founded  on  any  demand  against  the 
money  of  the.  premises  therein  described,  or  mortgagor  or  his  assigns,  whether  precedent 
any  pan  thereof,  has  priority  over  all  other  1  or  subsequent  to  such  mortgage. 


fY6  NEW  clerk's  assistant. 

<fec„  of  the  first  part,  and  C.  D.,  of,  (fee,  of  the  second  part,  witness- 
eth :  That  tlie  said  party  of  the  first  part,  for  and  in  consideration  of 
the  sum  of  dollars,  doth  grant,  bargain,  sell  and  confirm,  unto 

the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns,  all 
[descriptio7i;^  together  Avith  all  and  singular  the  hereditaments  and 
appurtenances,  thereunto  belonging,  or  in  any  wise  appertamiug. 
This  conveyance  is  intended  as  a  mortgage,  to  secure  the  payment 
of  the  sum  of  dollars,  in  three  years  from  the  day  of  the  date 

of  these  presents,  with  annual  interest,  according  to  the  condition  of 
a  certain  bond,  dated  this  day,  and  executed  by  the  said  A.  B.  to  the 
said  party  of  the  second  part;  and  these  presents  shall  be  void  if 
such  paj-ment  be  made.  But  in  case  default  shall  be  made  in  the 
payment  of  the  principal,  or  interest,  as  above  provided,  then  the 
party  of  the  second  part,  his  executors,  administrators  and  assigns, 
are  hereby  empowered  to  sell  the  premises  above  described,  with  all 
and  every  of  the  appurtenances,  or  any  part  thereof,  in  the  manner 
prescribed  by  law ;  and  out  of  the  money  arising  from  such  sale,  to 
retain  the  s;ud  principal  and  interest,  together  with  the  costs  and 
charges  of  making  such  sale ;  and  the  overplus,  if  any  there  be,  shall 
be  paid  by  the  party  making  such  sale,  on  demand,  to  the  party  of 
the  first  part,  his  heirs  or  assigns.* 
In  witness,  &c.,  [as  in  §  308.] 


§  337.  Mortgage  for  Part  of  Purchase  Money. 
This  indenture,  cfec,  [as  in  §  336  to,  and  including,  the  descrip- 
tion, and  then  add:^  being  the  same  premises  this  day  conveyed  to 
the  said  A.  B.,  by  the  said  C.  D.,  and  E.,  his  wife:  and  these  pre- 
sents are  given  to  secure  the  payment  of  part  of  the  consideration 
money  of  the  said  premises;  together  with,  &c.,  \as  in  §  336  to  the 
end.]^ 


§  338.  Mortgage,  with  Covenant  for  Payment. 

This  indenture,  &c.,  \o.s  in  §  336  ^o  the  *,  and  then  add:'\  And 
the  said  party  of  the  first  part,  for  himself,  his  heirs,  executors,  and 
administratoi-s,  doth  covenant  and  agree,  to  pay  unto  the  party  of  the 
second  part,  his  executors,  administrators,  or  assigns,  the  said  sum  of 
money  and  interest,  as  above  mentioned,  and  expressed  in  the  condi- 
tion of  the  said  bond.  [If  there  be  no  bond  accompanying  the  mort- 
gage, the  reference  to  it  herein,  and  in  §  336,  may  be  omitted^ 

In  witness,  &c.,  [as  in  §  308.] 


§  339.  Mortgage,  with  Fire  Clause. 
This  indenture,  &c.,  [as  in  §  336   to  the  *,  and  including  the 
covenant  in  §  338,  if  necessary,  and  then  add. -J     And  it  is  also 


CONVEYANCES  BT  DEED  AND  MORTUAGK.  177 

agreed,  by  and  between  the  ptOi-ties  to  these  presents,  that  the  party 
of  the  lirst  part  shall  and  Avill  keep  tlie  buildings  erected,  and  to  be 
erected,  upon  the  lands  above  conveyed,  insured  against  loss  by  fire, 
and  assicn  the  policy,  and  certificates  thereof,  to  the  said  part}^  of  the 
second  part,  his  executors,  administratoi-s,  or  assigns;  and  in  default 
thereof,  it  shall  be  lawful  for  the  said  party  of  the  second  part,  his 
executors,  administrators,  and  assigns,  to  effect  such  insurance,  and 
tlie  premium  and  premiums  paid  for  efJ'ecting  the  same,  shall  be  a 
lien  on  the  said  mortgaged  premises,  added  to  the  amount  of  the  said 
bond,  or  obligation,  and  secured  by  these  presents. 
Iq  witness,  (fee,  [as  m  §  808,] 


§  340.  Ifortffuffc,  u'ith  Interest  Clause 
This  indenture,  Ac,  [as  in  §  336,  to  the  words:  "But  in  case 
default,"  and  instead  thereof,  continue  as  follows:]  And  if  default 
shall  be  made  in  the  payment  of  the  said  sum  of  money  above  men- 
tioned, or  of  any  part  thereof,  or  if  the  interest  that  may  groAv  due 
thereon,  or  of  any  part  thereof,  shall  remain  due  and  unpaid  at  the 
expiration  of  sixty  days  after  the  same  shall  become  due  and  pay;ible, 
according  to  the  condition  of  the  said  bond,  that  then,  and  from 
tlienceforth,  it  shall  be  lawful  for  the  said  party  of  the  second  paii, 
his  executors,  administrators,  and  assigns,  to  consider  the  whole  of  the 
principal  sum,  as  afores:ud,  as  immediately  due  and  payable,  and  to 
enter  into  and  upon  all  and  singular  the  pi-emises  hereby  granted,  or 
intended  so  to  be,  and  to  sell  and  dispose  of  the  same,  and  all  benefit 
and  equity  of  redemption  of  the  said  party  of  the  first  part,  his  heirs, 
executors,  administrators,  or  assigns,  therein,  at  public  auction,  accord- 
ing to  law:  And  as  the  attorney  of  the  said  party  of  the  first  part, 
for  that  purpose  by  these  presents  duly  authorized,  constituted,  and 
appointed,  to  make  and  deliver  to  the  purchaser  or  purchasers  thereof, 
a  good  and  suflftcient  deed  or  deeds  of  conveyance  in  the  laAv,  for  the 
same,  in  fee  simple ;  and  out  of  the  money  arising  from  such  sale,  to 
retain  the  principal  and  interest  whi(di  shall  then  be  due  and  owing 
on  said  bond  or  obligation,  together  with  the  costs  and  cliarges  of  the 
sale  of  the  said  premises  rendering  the  overplus  of  said  purchase 
money,  if  any  there  shall  be,  imto  the  said  party  of  the  fii-st  j^art,  liis 
heirs,  executors,  administrators,  or  assigns;  which  sale,  so  to  be 
made,  shall  forever  be  a  perpetual  bar,  both  in  law  and  equity,  against 
the  sjiid  party  of  the  first  part,  his  heirs  and  assigns,  and  all  other 
persons  chiiming,  or  to  claim,  the  pi-emises,  or  any  part  thereof,  by, 
from,  or  under  him,  them,  or  either  of  tliera.  [Add  insurance  clause^ 
if  necessary^ 

In  Avitness,  «t:c.,  [as  in  §  308.] 

12 


X78  NKTV  clerk's  assistant. 

§  341.  Mortgage  hy  Husland  and  Wife. 
This  indenture,  made,  &c.,  between  A.  B.,  and  M.  his  wife,  of, 
<Sic.,  of  the  first  part,  and  C.  D.,  of,  &c.,  of  the  second  part,  witness- 
eth :  That  the  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  dollars,  to  them  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  have  bargained,  sold,  aliened,  released,  con- 
veyed, and  confirmed,  and  by  these  presents  do  bargain,  sell,  alien, 
release,  convey,  and  confirm  unto  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  forever,  all  [ikscri2ition;'\  together  with  the 
tenements,  hereditaments,  and  appurtenances  thereunto  belonging,  or 
in  any  wise  appertaining;  and  also  all  the  estate,  right,  title,  interest, 
dower,  and  right  of  dower,  property,  possession,  claim,  and  demand 
■whatsoever,  of  the  said  party  of  the  first  part,  ofj  in,  and  to  the  same, 
and  the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues,  and  profits  thereof:  To  have  and  to  hold  the  herein  before 
granted,  bargained,  and  described  premises,  with  the  appurtenances, 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  his 
and  their  own  proper  xise,  benefit  and  behoof,  forever.  This  convey- 
ance is  intended  as  a  mortgage  to  secure  the  payment  of  the  sum  of 
dollars,  in  five  years  from  the  daj-  of  the  date  hereof,  Avith 
semi-annual  interest,  payable  on  the  second  day  of  Januaiy^  and  the 
first  day  of  July  in  each  and  every  year,  according  to  the  condition  of 
a  certain  bond,  bearing  even  date  herewith,  executed  by  the  said  A. 
B  to  the  said  party  of  the  second  part;  and  these  presents  shall  be 
void  if  siich  payment  be  made.  But  in  case  default  shall  be  made  in 
the  payment  of  the  principal,  or  interest,  as  above  provided,  then  the 
party  of  the  second  part,  his  executors,  administrators,  and  assigns,  are 
hereby  empowered  to  sell  the  premises  above  described,  Avith  all  and 
every  of  the  appurtenances,  or  any  part  thereof,  in  the  manner  pre- 
scribed by  law,  and  out  of  the  money  arising  from  such  sale,  to  retain 
the  said  principal  and  interest,  together  Avith  the  costs  and  charges  of 
making  such  sale ;  and  the  overplus,  if  any  there  be,  shall  be  paid  by 
the  party  making  such  sale,  on  demand,  to  the  party  of  the  first  part, 
their  heirs  or  assigns.  And  the  said  A.  B.,  for  himself,  his  heirs, 
executors,  and  administrators,  doth  covenant  and  agree  to  pay  unto 
the  said  party  of  the  second  part,  his  executors,  administi-ators,  or 
assigns,  the  said  sum  of  money  and  interest,  as  above  mentioned,  and 
as  expressed  in  the  condition  of  the  said  bond.  [Add  insurance 
clause,  if  neccssar)/.] 

In  Avitness  Avhereof,  the  said  party  of  the  first  part  haA'e  hereunto 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed,  &c.,  [as  in  §  308.]  A.  B.  [l.  s.] 

M.  B.  [l.  s.J 


H 


CONVEYANCES  BY  DEED  AND  MORTGAGE.  l79 

§  342.  Mortgage  ly  Corporation. 
This  indenture,  made,  (fee,  between  A.  B.,  E.  F.,  L.  M.,  &c.,  the 
Trustees  of  the  first  society  of  the  church,  in  the  town  of, 

<fec.,  of  the  first  part,  and  E.  F.,  of,  tfec,  of  the  second  part,  witnesseth, 
(fee,  [as  in  §  336,  ^o  the  words  "  according  to  the  condition  of  a 
certain  bond,"  and  instead  thereof  continue  as  follows:^  according  t-o 
the  condition  of  a  certain  bond  bearing  even  date  herewith,  executed 
by  the  said  party  of  tlie  first  part,  to  the  said  party  of  tlie  second 
part;  and  the  said  Trustees  of  the  first  society  of  the 
cliurch,  in,  <fec.,  for  themselves  and  then-  successors,  do  covenant  and 
agree  to  pay,  unto  the  said  party  of  the  second  part,  his  executors 
administrators,  or  assigns,  the  said  sum  of  money,  and  interest,  as 
above  mentioned,  and  as  expressed  in  the  condition  of  the  said  bond 
and  if  default  shall  be  made  in  the  payment  of  the  said  sum  of 
money  as  above  mentioned,  or  the  interest  that  may  grow  due  thereon, 
or  of  any  part  of  either  the  said  principal  or  interest,  that  then,  and 
from  thenceforth,  it  shall  be  lawful  for  the  said  party  of  the  second 
part,  liis  executors,  administrators  and  assigns,  to  enter  into  and  upon, 
all  and  singular  the  premises  hereby  granted,  or  iiatended  so  to  be, 
and  to  sell  and  dispose  of  the  same,  and  all  benefit  and  equity  of  re- 
demption of  the  said  party  of  the  first  part,  their  successors,  or  assigns, 
therein,  at  public  auction,  according  to  the  act  in  such  case  made 
and  provided:  And  as  the  attorney  of  the  said  party  of  the  first  part, 
for  that  purpose  by  tliese  presents  duly  authorized,  constituted  and 
appointed,  to  make  and  deliver  to  the  purchaser  or  purchasers  thereof, 
a  good  and  sufficient  deed,  or  deeds  of  conveyance,  in  the  law,  for  the 
same,  in  fee  simple ;  and  out  of  the  money  arising  from  such  sale,  to 
retain  the  principal  and  interest  which  shall  then  be  due  on  the  said 
bond  or  obhgation,  together  with  the  costs  and  charges  of  the  sale  of 
the  said  premises,  rendering  the  overplus  of  the  purchase  money  (if 
any  there  shall  be)  unto  the  said  party  of  the  first  part,  their  succes- 
sors or  assigns;  which  sale,  so  to  be  made,  shall  forever  be  a  per- 
petual bar,  both  in  law  and  e({uity,  against  the  said  party  of  the  first 
part,  their  successors  and  assigns,  and  against  aU  other  persons  claim- 
ing, or  to  claim,  the  premises,  or  any  part  thereof,  by,  from,  or  undei 
them,  or  any  of  them.     [Add  insurance  clause  if  necessarg.^ 

In  witnciss  whereof,  the  said  parties  of  the  first  part  have  liereimto 
set  their  hands  and  aftlixed  their  corporate  seal,  the  day  and  }-ear 
first  above  written. 

Sealed,  &c.,  [as  in  §  308.] 

A.B.,     ] 

E.  F.,      I  Trustees      r       , 

L.M.,      rof,&c.,       L^^-J 

&C.,  &C.,  J 


180  NEW  clerk's  assistant. 

§  343.  Mortgage  to  Corporation. 

Tliis  indenture,  made,  &c.,  between  A.  B.,  of,  &c.,  of  the  first  part, 
and  the  Trustees  of  the  village  of  ,  &c.,  \or,  the  Mayor 

Alderman  and  Commonalty,  of  the  city  of  ,  &c.,]  of  the 

second  part,  witnesseth :  That  the  said  party  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  dollars,  to  him  in  hand  paid 

by  the  said  party  of  the  second  part,  the  receipt  Avhereof  is  hereby 
acknowledged,  hath  granted,  bargained,  sold,  aliened,  released,  con- 
veyed and  confirmed,  and  by  these  presents  doth  grant,  b:irgain,  sell, 
ahen,  release,  convey  and  confirm,  unto  the  said  party  of  the  second 
part,  their  successors  and  assigns,  forever,  all  [ck'scription  ;^^  together 
■with  the  tenements,  hereditaments  and  appurtenances,  thereunto  be- 
longing, or  in  any  Avise  appertaining ;  and  also,  all  the  estate,  right, 
title,  interest,  property,  possession,  claim  and  demand,  whatsoever,  of 
the  said  party  of  the  fii-st  part,  of,  in  and  to,  tlie  same ;  and  the  re- 
version and  reversions,  remmnder  and  remainders,  rents,  issues  and 
profits  thereof:  To  have  and  to  hold  the  hereinbefore  granted  and  de- 
scribed premises,  with  the  appurtenances,  unto  the  said  party  of 
the  second  part,  their  successors  and  assigns,  to  their  only  proper 
use,  benefit  mid  behoof,  forever.  This  conveyance  is  intended  as  a 
mortgage,  lo  secure  the  payment  of  the  sum  of  dollars,  in  manner 

foiiowmg,  to  wit :  &c. ;  according  to  the  condition  of  a  certain  bond  bear- 
ing even  date  herewith,  executed  by  the  said  party  of  the  first  part  to 
the  party  oi  the  second  part,  and  these  presents  shall  be  void  if  such 
payment  ue  made.  But  in  case  default  shall  be  made  in  the  pay- 
mcni  of  the  principal  or  interest  afores;iid,  as  above  provided,  then  the 
party  oi  tne  second  part,  their  successors  and  assigns,  &e.,  \as  in 
§  33o,  10  tne  *,  and  then  afW;]  And  the  said  party  of  the  first  part 
doth  covenant,  promise  and  agree,  to  and  with  the  said  party  of  the 
secona  part,  their  successors  and  assigns,  that  he,  the  said  party  of 
the  tirsi  part,  shall  and  will,  well  and  truly  pay  to  the  said  party  of 
the  second  part,  their  successors  and  assigns,  the  said  sum  of  money, 
with  the  mterest  thereon,  at  the  time,  and  in  the  manner,  herein  be- 
fore mentioned,  according  to  the  condition  of  the  said  bond. 

In  witness,  ikc,  [as  in  §  308.] 


§  344.  Mortgage  on  Note. 
This  indenture,  made,  &c.,  [as  in  §  336  to,  and  including,  tlie  des- 
cription, and  then  add:]  This  conveyance  is  intended  as  a  mortgage, 
to  secure  the  payment  of  a  certain  promissory  note,  now  held  by  the 
party  of  the  second  part,  given  by  the  party  of  the  first  part,  for  the 
sum  of  dollars,  dated  the  day  of  last  past,  and 

payable  to  L.  M.,  or  bearer,  one  year  from  the  date  thereof,  with  use ; 
and  if  the  amount  of  the  said  note,  principal  and  interest,  shall  be 
paid  at  maturity,  then  these  presents  shall  become  void,  and  the  es- 
tate hereby  granted  shall  cease  and  utterly  determine ;  but  if  defaull 


CONVETANCES  BY  DEED  AND  MORTGAGE.         181 

shall  be  made  in  the  payment  of  the  said  sum  of  monej',  or  rhe  m- 
terest,  or  of  any  part  thereof,  at  the  time  lierein  before  speoiticd  for 
the  payment  thereof,  the  said  party  of  the  first  pait,  in  sucli  case, 
doth  hereby  authorize,  and  fully  empower  the  said  party  of  the 
second  part,  his  heirs,  executors,  administrators  and  assigns,  to  sell 
the  said  hereby  granted  premises  at  public  auction,  and  convey  the 
same  to  the  purchaser,  in  fee  simple,  agreeably  to  the  act  in  such 
case  made  and  provided,  and  out  of  the  money  arising  from  such 
sale,  to  retain  the  principal  and  interest  Avhich  shall  then  be  due  on 
the  said  note,  together  with  all  costs  and  charges,  and  pay  the  over- 
plus (if  any)  to  the  said  party  of  the  first  part,  his  heirs,  executors, 
administrators,  or  assigns. 

In  witness,  <fec.,  Ijxs  in  §  308.] 


§  345.  Mortgage  to  Secure  Endorser. 

Tliis  indenture,  rhade,  &c.,  [as  in  §  336  to,  and  including,  the  des- 
cription, and  then  add:^  Whereas  the  said  party  of  the  second  part, 
at  the  request,  and  for  the  benefit  and  behoof  of  the  said  party  of 
the  first  part,  hath,  on  the  day  of  the  date  hereof,  endorsed  a  certain 
promissory  note,  made  by  the  said  party  of  the  hrst  part,  for  the  sum 
of  dollars,  bearing  even  date  herewith,  and  payable  ninety 

days  after  date,  to  the  order  of  G.  II.,  at  the  Bank :  Now, 

therefore,  this  conveyance  is  intended  to  secure  the  party  of  the 
second  part  for  all  principal  and  interest  money,  costs,  charges  and 
expenses,  which  he  may  be  compelled  to  pay,  in  consequence  of  the 
failure  of  the  said  party  of  the  first  part  to  pay  and  take  up  the  said 
note,  at  maturity ;  and  if  the  amount  of  the  said  note,  principal  and 
interest,  shall  be  paid  by  the  party  of  the  hrst  part,  at  maturit}^  then 
these  presents  shall  become  void,  and  the  estate  hereby  granted  shall 
cease  and  uttei'ly  determine :  but  if  default  shall  be  made  by  the  SJiid 
party  of  the  first  part  in  the  payment  of  the  said  sum  of  money,  or 
the  interest,  or  of  any  part  thereof,  at  the  time  herein  before  specified, 
and  the  same  be  paid  by  or  collected  of  the  party  of  the  second  part, 
the  said  party  of  the  hrst  part  doth  hereby  authorize  and  empower 
the  party  of  the  second  part,  his  heirs,  executors,  administrators 
and  assigns,  to  sell  the  ssiid  premises  hereby  granted,  at  pubhc  auc- 
tion, and  convey  the  same  to  the  puichaser,  in  fee  simple,  agreeably 
to  the  act  in  such  case  made  and  provided,  and  out  of  the  money 
arising  from  such  sale,  to  retain  such  sum,  or  sums,  of  money,  as 
may  have  been  paid  by  or  collected  of  the  said  party  of  the  second 
part,  as  above  mentioned,  together  with  all  costs  and  charges,  and 
pay  the  overplus  (if  any)  to  the  said  party  of  the  first  part,  his  heirs, 
executors,  administrators,  or  assigns. 

In  witness,  &c.,  [as  in  §  308.] 


182  NBW  clerk's  assistant. 

§  346.  Mortgage  to  Executors. 
This  indenture,  made,  (fee,  between  A.  B.,  of,  <fec.,  of  the  first 
part,  and  L.  M.,  and  S.  T.,  both  of,  &c.,  executors  of  the  last  wih 
and  testament  of  E.  F.,  deceased,  of  the  second  part,  "witncsseth: 
That  the  said  party  of  tlie  first  part,  for  and  in  consideration  of  tlie 
sum  of  dollars,  to  him  in  hand  pmd  by  the  party  of  the  second 

part,  at  or  before  the  ensealing  and  delivery  of  these  presents,  the  re- 
ceipt whereof  is  hereby  acknowledged,  hath  granted,  bargained,  sold, 
aliened,  released,  conveyed  and  confirmed,  and  by  these  presents 
doth  grant,  bargain,  sell,  alien,  release,  convey  and  confirm,  unto  the 
said  party  of  the  second  part,  and  the  survivors  and  survivor,  and 
his  and  their  assigns,  forever,  all  [description:^  together  with  all  and 
singular  the  tenements,  hereditaments  and  appurtenances,  thereunto 
belonging,  or  in  any  wise  appertaining,  and  the  reversion  and  rever- 
sions, remainder  and  remainders,  rents,  issues,  and  profits  thereof: 
and  also,  all  the  estate,  right,  title,  interest,  property,  possession, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  the 
said  party  of  the  first  part,  of,  in  and  to,  the  same,  and  every  part 
and  parcel  thereof,  with  the  appurtenances :  To  have  and  to  hold  the 
above  granted,  bargained  and  described  premises,  with  the  appurte- 
nances, unto  the  said  party  of  the  second  part,  the  survivors  and 
survivor,  and  his  and  their  assigns,  to  their  only  proper  use,  benefit 
and  behoof,  forever.  This  conveyance  is  intended  as  a  mortgage  to 
secure  the  payment  of  the  sum  of  dollars,  in  manner  follow- 

ing, to  wit :  tfec,  according  to  the  condition  of  a  certain  bond,  bearing 
even  date  herewith,  executed  by  the  said  party  of  the  first  part  to 
the  party  of  the  second  part ;  and  these  presents  shall  be  void  if  such 
payment  be  made.  And  the  said  party  of  the  first  part,  for  himself 
and  his  heirs,  executors  and  administrators,  doth  covenant  and  agree 
to  pay  unto  the  said  party  of  the  second  part,  and  the  survivors  and 
survivor,  or  his  or  their  assigns,  the  said  sum  of  money,  and  interest, 
as  above  mentioned,  and  as  expressed  in  the  condition  of  the  said 
bond ;  and  if  default  shall  be  made  in  the  payment  of  the  said  sum 
of  money  above  mentioned,  or  the  interest  that  may  grow  due  there- 
on, or  of  any  part  thereof,  that  then,  and  from  thenceforth,  it  shall  be 
lawful  for  the  said  party  of  the  second  part,  the  survivors  or  survi- 
vor, and  his  or  their  assigns,  to  enter  into  and  upon  all  and  singular, 
the  premises  hereby  granted,  or  intended  so  to  be,  and  to  sell  and 
dispose  of  the  same,  and  all  benefit  and  equity  of  redemption  of  the 
said  party  of  the  first  part,  his  heirs,  executors,  administrators  or  as- 
signs, therein,  at  pubUc  auction,  according  to  the  act  in  such  case 
made  and  provided :  And  as  the  attorney,  or  attorneys,  of  the  said 
party  of  the  first  part,  for  that  purpose  by  these  presents  duly  au- 
thorized, constituted  and  appointed,  to  make  and  deUver  to  the  pur- 
chaser or  purchasers  thereof,  a  good  and  sufficient  deed,  or  deeds,  ot 
conveyance  in  the  law,  for  the  same,  in  fee  simple :  and  out  of  the 


CONVKTANCES  BY  DEED  AND  MORTGAGE,  183 

money  arising  from  such  sale,  to  retain  the  principal  and  interest 
which  shall  then  be  due  on  the  said  bond  or  obligation,  together  with 
the  costs  and  charges  of  advertisement  and  sale  of  the  premises, 
rendering  the  overplus  of  the  purchase  money,  (if  any  there  shall 
be,)  unto  the  said  party  of  the  first  part,  his  heirs,  executors,  admin- 
istrators, or  assigns ;  which  sale,  so  to  be  made,  shall  forever  be  a 
perpetual  bar  both  in  law  and  in  equity,  against  the  said  party  of  the 
lirst  part,  his  heirs  and  assigns,  and  all  other  persons  claiming,  or  to 
claim,  the  premises,  or  any  part  thereof,  by,  from  or  under,  him, 
tliem,  or  any  of  them.  [Add  insurance  clause,  if  necessary.^ 
In  witness,  ikc,  [as  hi  §  308.] 


§  347.  Mortgage  on  Lease,  by  an  Assignee. 
This  indenture,   made,  (tc,  between  A.  B.,  of,   &c.,   of  the  first 
part,  and  C.  D.,  of,  (fcc,  of  the  second  part:  Whereas,  E.  F.  did,  by 
a  certain  indenture  of  lease  bearing  date  the  day  of  , 

in  the  year  one  tliousand  eight  hundred  and  ,  demise,  release, 

and  U)  farm  let,  unto  G.  H.,  and  to  his  executors,  administrators  and 
assigns,  all  and  singular  the  premises  hereinafter  mentioned  and  de- 
scribed, together  with  the  appurtenances,  for  and  during  and  until 
the  full  end  and  term  of  years,  from  the  dav  of  , 

in  the  year  1 8  ,  and  fully  to  be  complete  and  ended,  yielding  and 
paying  tiierefor,  unto  the  said  E.  F.,  and  to  his  executors,  or  a-ssio-ns, 
tlie  yearly  rent  or  sum  of  dollars;   which  said  indenture  of 

lease  and  term  of  years  therein  mentioned  and  demised,  have  been 
duly  assigned  to  the  sdd  A.  B.  And  whereas,  the  said  party  of  the 
first  part  is  justly  indebted  unto  the  said  party  of  the  second  part,  in 
the  sum  of  dollars,  secured  to  be  paid  by  his  certain  bond  or 

obligation,  bearing  even  date  with  these  presents,  in  the  penal  sura 
of  dollars,  laAvful  money,  as  aforesaid,  condidoned  for  the 

payment  of  the  Sciid  first  mentioned  sum,  Avith  interest:  A^ow  this  in- 
denture witnesseth,  that  the  said  party  of  the  first  part,  for  the  bet- 
ter securing  the  payment  of  the  said  sum  of  money  mentioned  in  the 
condition  of  the  said  bond,  or  obligation,  with  interest  thereon,  accord- 
ing to  the  true  intent  and  meaning  thereof,  and  also  for  and  in  con- 
sideration of  the  sum  of  dollars  to  him  in  hand  paid  by  the  said 
party  of  the  second  part,  at  or  before  the  ensealing  and  deliveiy  of 
these  presents,  the  receipt  whereof  is  hereby  acknowledged,  hath 
granted,  bargained,  sold,  assigned,  transferred  and  set  over,  and  by 
these  presents  doth  grant,  bargain,  sell,  assign,  transfer  and  set  over, 
unto  the  said  party  of  the  second  part,  all  [description ;'\  with  all  and 
singular  the  privileges  and  appurtenances  thereunto  belonging,  or  in 
any  %v-ise  appertaining;  and  also  all  the  estate,  right,  title,  interest, 
term  of  years  to  come  and  unexpired,  propert}',  possession,  claim  and 
demand  whatsoever,  as  well  in  law  as  in  equity,  of  the  sjiid  party  of 
the  'irst  part,  of,  in  and  to,  the  said  demised  premises,  and  every  part 


184  KKw  clkrk's  assistant. 

and  parcel  thereof,  wtli  the  appurtenances ;  and  also,  the  said  inden- 
ture of  lejise,  and  every  clause,  article  and  condition,  therein  expressed 
and  contained :  To  have  and  to  hold  the  said  indenture  of  Iccise,  and 
other  hereby  granted  premises,  unto  the  said  party  of  the  second 
part,  his  executors,  administrators  and  assigns,  to  his  and  their  only 
proper  use,  benetit  and  behoof,  for  and  during  all  the  rest,  residue 
and  remainder,  of  the  said  term  of  years  yet  to  come  and  unexpii'cd ; 
subject,  nevertheless,  to  the  rents,  covenants,  provisions  and  condi- 
tions in  the  said  indenture  of  lease  mentioned:  Provided  always, 
that  the»se  presents  are  upon  this  express  condition,  that  if  the  party 
of  the  lirst  part  shall  well  and  truly  pay  unto  the  said  party  of  the 
second  part,  the  said  sum  of  money  mentioned  in  the  condition  of 
the  said  bond,  or  obligation,  and  the  interest  thereon,  at  the  time  and 
manner  mentioned  in  the  s;xid  condition,  according  to  the  true  intent 
and  meaning  thereof,  that  then  and  from  thenceforth  these  presents, 
and  t!ie  estate  hereby  granted,  shall  cease,  determine,  and  be  utterly 
null  and  void ;  any  thing  herein  before  contciined  to  the  contrary  in 
any  wise  notwithstanding.  And  the  said  party  of  the  lirst  part  doth 
hereby  covenant,  grant,  promise  and  agree,  to  and  with  the  said 
party  of  the  second  part,  that  he  will  well  and  truly  pay  unto  the 
said  party  of  the  second  part,  the  sum  of  money  mentioned  in  the 
condition  of  the  said  bond,  or  obligation,  and  the  interest  thereon, 
according  to  the  conchtion  thereof;  and  that  the  said  premises  hereby 
conveyed  now  are  free  and  clear  of  all  incumbrance  whatsoever,  and 
that  he  hath  good  right  and  lawful  authority  to  convey  the  same,  in 
manner  and  form  as  the  same  are  hereby  conveyed :  And  if  default 
shall  be  made  in  the  payment  of  the  smd  sum  of  money  above 
mentioned,  or  in  the  interest  which  shall  accrue  thereon,  or  of  any 
part  of  either,  then,  and  from  thenceforth,  it  shall  be  lawful  for  the 
said  party  of  the  second  part,  and  his  assigns,  to  sell,  transfer  and 
set  over,  all  the  rest,  residue,  and  remaining  term  of  yeai-s,  then  yet 
to  come,  and  all  other  the  right,  title  and  interest,  of  the  said  party 
of  the  first  part,  of,  in  and  to,  the  same,  at  public  auction,  according 
to  law ;  imd  as  the  attorney,  &c.,  [as  in  §  346,  to  the  c;w?.] 


§  348.  Notice  of  Sale,  on  Foreclosure  of  Mortgage  by  Advertise- 
ment. 


MORTGAGE    SALE. 


Default  has  been  made  in  the  payment  of  the  sum  of  dol- 

lars and  cents,  which  is  chiimed  to  be  due  at  the  date  of  this 

notice,  on  a  certain  mortgage  bearing  date  the  day  of  , 

1 8      ,  executed  by  A.  B.  and  Mary  his  wife,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  to  C.  D.,  of  the  same 

place,  [or,  as  the  fact  mag  6e,]  and  recorded  in  the  office   of  the 
Cleik  of  the  county  of  ,  in  book  number  75  of  mortgagca 


CONVBYANCES  BY  DEED  AND  MORTGAGE.  1&5 

page  300,  tkc,  on  the  day  of  ,  A.  D.,  18         ,  at 

twelve  o'clock,  meridian:  [//*  the  mortgage  is  foreclosed  hy  an 
assignee,  insert  here:  which  said  mortgage  has  been  duly  assigned  to 
the  subscriber:] 

Now,  therefore,  notice  is  liereby  given,  that,  in  pursuance  of  a 
power  of  sale  contained  in  said  mortgage,  and  of  the  statute  in  such 
case  made  and  provided,  the  premises  described  in  and  covered  by 
said  mortgage,  to  wit:  "all,  &c.,  [give  description  of  the  premises ;'\ 
will  be  sold  at  public  auction,  at  the  court  house,  \or,  at  the  house 
of  0.  P.]  in  the  city  [or,  town]  of  ,  in  the  county  of  , 

oc  the  day  of  next,  at  ten  o'clock  in  the  forenoon. 

Dated  the  day  of  ,18         .     [T he  date  should  he 

that  of  the  frst  publication  of  the  notice.l        C.  D.,  Mortgagee, 

[or,  Assignee.] 


§  349.  Affidavit  of  Fuhlication  of  the  Notice. 
State  of  New  York,')    g. 
County,  j 

E.  F.,  of  said  county,  being  duly  sworn, 
[Attach  here  a  says,  that  he  is,  and,  during  the  Avhole  time 
printed  copy  of  hereinafter  mentioned,  has  been,  the  publisher 
the  notice  of  and  proprietor,  [or,  foreman,'  in  the  publish- 
so/e.]  ing  office,]  of  the  Gazette,  a  newspaper 

printed  and  published  in  the  county  of  , 

aforesaid ;  and  that  the  annexed  printed  notice  of  sale  was  inserted 
and  published  in  the  said  ncAvspaper  twelve  weeks,  successively,  at 
least  once  in  each  week ;  the  said  publication  commencing  on   the 
day  of  18         ,  and  terminating  on  the  day  of 

18         .  E.  F. 

Sworn  to,  before  me,  this  ) 
day  of        ,  18     .      f 

G.  II.,  Justice  of  the  Peace. 


§  350.  Affidavit  of  Affixing  JVbtice  of  Sale  on  the  Outward  Door 

of  the  Court  House.^ 
State  of  New  York,  )    g. 
County,  j 

C.  D.,  of  said  county,  being  duly  sworn 

[Attach  here  a         says,  that  on  the  day  of  ,  18     , 

printed  copy  of        he  affixed  a  notice  of  Avhich  the  annexed 

the    notice     of        printed  notice  is  a  just  and  true  copy,  on  the 

salei\  outward  door  of  the  building  where  the 

county  courts  are  directed  to  be  held  in  the 

county  of  ,  aforesaid.  C.  D. 

Sworn,  (fee,  [as  in  §  349.] 

•»  The  uiridavit  of  publication  may  also  liu  iiuicle  by  iho  ininciiial  clerk  of  iho  publisher. 
•  Where  il:o  printer,  or  the  person  serving  iho  notice  ol  sale,  allixes  llio  notice,  llie  8ub> 
•Unc*  of  this  ttilidavil  luay  bo  ucorpuiated  \a  thtt  alBtUvii  ol  publicaiiuu,  ot  of  servic*. 


186  SEW  clerk's  assistant. 


§  351.  Affidavit  of  Serving  copy  of  Notice  of  Sale,  on  Persom 
having  a  Lien  or  Incumbrance. 
State  of  New  York,  )    g. 
County,  ) 

M.  B.,  of  said  county,  being   duly   sworn, 
[  Attach  here  a       says,  that  on  the  day  of  ,18, 

printed  copy  of  he  did  personally  serve  A.  B.,  E.  R,  and  G, 
the  notice  of  H.,  &c.,  with  a  notice  of  sale  of  which  the 
sale.'\  annexed  printed  notice  is  a  copy,  by  deliver- 

ing a  just  and  true  copy  of  said  notice  to  each 
of  them  individually;  [or,  he  did  serve  A.  B.,  with  a  notice  of  sale, 
of  which  the  annexed  printed  notice  is  a  copy,  by  delivering-  a  just 
and  true  copy  of  said  notice  to  the  wife,  [or,  daughter,  aged  eighteen 
years,  or  thereabouts,]  of  the  said  A.  B.,  at  his  dwelling  house,  he 
being  at  the  time  absent  therefrom ;  or,  he  did  serve  A.  B.,  &c.,  &ic., 
with  a  notice  of  sale,  of  which  the  annexed  printed  notice  is  a  copy, 
by  depositing  a  just  and  true  copy  of  said  notice  in  the  post  office  in 
,  properly  folded  and  du-ected  to  each  one  of  them,  at  his 
place  of  residence.]  ^L  B. 

Sworn,  (fee,  [as  in  §  349.] 


State  of  New  York,  ) 


352,  Affidavit  of  the  Auctioneer} 

k, 
County, 


G.  H.,  of  said  county,  being   duly  sworn, 

[  Attach  here  a       says,  that  he  sold  the  premises  described  in 

printed  copy  of      the  annexed  printed  notice,  at  public  auction, 

the    notice    of      at  the  time  and  place  of   sale  therein  men- 

«a?e.]  tioned,  to  ■nit:  on  the  day  of  , 

18         ,  at  ten  o'clock  in  the  forenoon,  at  the 

court  house,  [or,  house  of  0.  P.]  in  the  city  [or,  to-vvn]  of  , 

in  the  county  of  ,  aforesaid ;  and  that  C.  D.  then  and  there 

purchased  the  same,  for  the  price  of  dollars ;  he  being  the 

hiohest  bidder,  and  that  beino-  the  hio-hest  sum  bidden  for  the  same. 

And  this  deponent  further  saith,  that  said  sale  was  made  in  the 

day  tune,  and,  in  all  respects,  honestly,  fairly,  and  legally  conducted, 

according  to  his  best  knowledge  and  belief;  and,  also,  that  the  said 

C.  D.  purchased  the  said  premises  fairly  and  in  good  faith,  as  he 

veiily  believes.  G.  H. 

Sworn,  (fee,  [as  in  §  349.] 


1  The  party  foreclosing  the  mortgage  may  I    the  form  of  a  deed  on  the  sale  of  mortgaged 
ct  as  auctioneer,  if  he  cSooses  to  do  so.  For  |    premises,  see  §  317,  ama. 


CONVEYANCES  BY  DEED  AND  MORTGAGE,  187 

§  353.  Notice  to  accomjoany  Copy  of  Notice  of  Sale  served  on  Par- 
ties having  any  Lien  or  Incumbrance  on  the  Mortgaged 
Premises. 
Sir:  Take  notice,  that  tlie  above  is  a  copy  of  a  notice  that  the 
mortgage  therein  mentioned  will  be  foreclosed  by  a  sale  of   the 
mortgaged  premises,  pursuant  to  the  statute  in  such  case  made  and 
provided,  at  the  time  and  place  therein  specified. 
Dated  ,  the  day  of  ,18 

C.  D.,  Mortgagor, 
[or.  Assignee.] 


CHAPTER  XIII. 

CORONEES. 

PRACTICAL      REMARKS. 

1.  One  Coroner  in  the  city  and  county  of  New  York,  and  four 
Coioners  in  each  of  the  other  counties  in  the  State,  are  chosen  at 
general  elections  held  therein,  to  serve  for  three  years.' 

2.  Whenever  the  Sheriff  of  a  county  is  a  party  to  a  suit,  all  pro- 
cess in  such  suit,  except  when  otherwise  provided  by  law,  must  be 
executed  by  the  Coroner,  who  has  the  same  authority,  and  is  subject 
to  the  same  provisions  and  liabilities,  prescribed  in  respect  to  SheriflFs 
in  similar  cases.  If  the  Sheriff,  on  being  arrested  by  a  Coroner,  re- 
fuses or  neglects  to  give  bail ;  or  if  he  is  arrested  on  an  execution 
against  the  body,  or  on  attachment ;  the  Coroner  is  required  to  con- 
fine him  in  some  house  within  the  Uberties  of  the  jail  of  the  county ; 
which  house  thereupon  becomes  the  jail  of  the  county,  for  the  use 
of  the  Coroner,  and  the  latter  is  Uable  for  any  escape,  and  may  take 
bonds  for  the  liberties,  in  the  same  manner  as  the  Sheriflf  in  other 
cases." 

3.  Where  the  Coroner  arrests  a  person,  at  the  suit  of  the  SheriflF, 
he  may  confine  the  prisoner  in  the  common  jail  of  the  county,  but  he 
will  not  be  liable  for  any  escape  therefrom.  The  bond  for  the  liber- 
ties, in  such  cases,  must  be  given  to  the  Coroner,  who  then  becomes 
liable  for  the  escape  of  the  prisoner.' 

4.  Whenever  a  Coroner  receives  notice  that  any  person  has  been 
slain,  or  has  suddenly  died,  or  has  been  dangerously  wounded,  it  is 
his  duty  to  go  to  the  place  where  such  person  shall  be,  and  forthwith 
summon  not  less  than  nine,  nor  more  than  fifteen  persons,  qualified 
by  law  to  serve  as  jurors,  and  not  exempt  from  such  service,  to  ap- 
pear before  lum  forthwith,  at  such  place  as  he  shall  appoint,  to  make 
inquisition  concerning  such  death  or  wounding. .    Whenever  six,  or 

»  Amended  Constitution   of  New  York,  I     »  2  U.   S.   (3d  ed.,)  538,  639,  §6  109-116 
Art.  X.,  6  1 ;  Laws  of  1817,  ctuo.  2i0.  Id.,  G'21,  §.  67. 

I     »  2  11.  S.  {3d  ed. ,)  639,  540,  §§  117-120. 


CORONERS. 


189 


more,  of  the  jury  appear,  they  are  to  be  swoni  by  the  Coroner.  He 
lias  the  power  to  issue  subpoenas  for  witnesses,  returnable  fortlnvith, 
or  at  such  time  and  place  us  he  shall  appoint;  and  it  is  his  duty  to 
cause  some  surgeon,  or  physician,  to  be  subpoenaed  to  appear  as  a 
M'itness  on  the  inquest  Witnesses  duly  subpoenaed  are  liable  to  the 
saine  penalties,  and  their  attendance  may  be  enforced  in  the  same 
manner,  as  in  Justices'  courts.' 

5.  The  jury,  upon  the  inspection  of  the  person  dead  or  wounded, 
and  after  hearing  th*>  testimony,  are  to  deliver  to  the  Coroner  their 
inquisition  in  writing,  signed  by  them ;  in  which  they  must  state  all 
the  circumstances  attending  such  death  or  wounding,  and  who  were 
guilty  thereof,  either  as  principal  or  accessory,  and  in  what  manner. 
If  the  jury  find  that  any  murder,  manslaughter,  or  assault,  has  been 
committed,  the  Coroner  is  required  to  bind  over  the  witnesses  to  ap- 
pear at  the  next  criminal  coiu-t  to  be  held  in  the  county,  at  which'an 
indictment  can  be  found ;  and  he  has  the  power  to  issue  process  for 
the  apprehension  of  persons  charged  with  any  such  offences,  and  to 
examine  them,  in  the  same  manner  as  Justices  of  the  Peace.  The 
testimony  of  all  witnesses  examined  before  a  Coroner,  is  to  be  re- 
duced to  writing,  and  i-eturned  by  him,  with  the  inquisition,  and  all 
recognizances  and  examinations  taken  by  him,  to  the  next  criminal 
court  of  record  held  in  the  county.' 

6.  In  case  of  the  absence,  or  inability  to  attend,  from  sickness  or 
any  other  cause,  of  the  Coroner  of  the  city  and  cotmty  of  New- 
York,  any  Alderman,  or  special  Justice,  of  the  city,  may  perform  any 
duty  appertaining  to  the  office  of  such  Coroner,  in  regard  to  the 
holding  of  inquests.' 

7.  No  Coroner  can  hold  an  inquest  in  any  state  prison,  upon  the 
body  of  any  deceased  convict,  unless  requested  so  to  do  by  the  agent, 
physician,  or  chaplain  of  the  prison ;  or  by  any  of  the  state  piison 
inspectors.  It  is  the  duty  of  every  agent,  however,  to  call  a  Coroner, 
in  all  cases  of  the  death  of  a  convict  other  than  from  ordinary  sick- 
ness,* 

8.  The  Coroners  of  the  several  counties  of  this  State  are  required 
to  deliver  over  to  the  respective  County  Treasures,  all  moneys,  or 
other  valuable  tilings,  found  with  or  upon  the  bodies  of  deceased 
persons;  or  when  inquests  are  held,  if  the  same  be  unclaimed  by 
the  legal  representatives  of  such  person  or  persons,  within  sixty  days 
after  holding  such  inquest.  Before  auditing  and  allowing  the  ac- 
counts of  the  Coroners,  the  Supervisors  of  the  county  are  to  require 
from  them  respectively,  a  statement  in  writing,  verified  by  oath,  or 
affirmation,  of  all  money  or  other  valuable  things,  found,  as  afore- 
said, and  of  the  disposition  of  the  same.* 


1    2U.  S.  (3dea.)  827,  JS  1-4;  Laws  of 
1*17,  clian.  118. 

«  2  K.  S.  (3U  ed.)  827,  823,  M  5-8 :  24 
W.naell,«a). 


»  2  K.  S.  (M  e.).)  <^^,  J  0. 
<  2R.  S.  (:J.le.l.)(^"9.  v<  100. 
*  Laws  of  1842,  chap.  Ibi. 


KKW    clerk's    assistant. 


FORMS. 


§  354.   Oatli  to  he  Administered  to  the  Foreman  of  a    Coroner^s 

Jury. 

You  do  swear  that  you  -n-ill  well  and  truly  inquire  how,  and  in 
what  manner,  and  Avhen  and  where,  the  person  lying  here,  \or,  as 
the  case  niaj/  be,^  came  to  his  death,  [or,  was  wounded,]  and  who 
such  pi^rson  Avas,  and  into  all  the  circumstances  attending  such 
death,  [or,  wounding,]  and  by  whom  the  same  was  produced,  and 
that  you  will  make  a  true  inquisition  thereof,  according  to  the  evi- 
dence offered  to  you,  or  arising  from  the  inspection  of  the  body. 
So  help  you  God. 

•  

§  355.    Oath  of  other  Jurors. 

The  same  oath  which  A.  B.,  the  foreman  of  this  inquest,  hath  on 
his  part  taken,  you,  and  each  of  you,  do  now  take,  and  shall  well 
and  truly  observe  and  keep,  on  your  parts.     So  help  you  God. 


§  350.    Oath  of  Witness  on  Coroner's  Inquest. 
The  BAidence  you  shall  give  upon  this  inquest,  touching  the  death 
of  C.  D.,  [or,  the  person  whose  body  has  been  viewed,]  shall  be  the 
truth,  the  whole  truth,  and  nothing  but  the  truth.     So  help  you  God. 


§  357.  Inquisition  of  Murder. 
State  of  New  York,  | 
County,  i 
An  inquisition  taken  for  the  people  of  the  State  of  New  York,  at 
the  house  of  11.  F.,  in  the  town  of  ,  in  said  county  of  , 

on  the  day  of  ,  A.  D.,  18         ,  before  me,  G.  H., 

one  of  the  Coroners  in  and  for  said  county,  upon  the  view  of  the 
body  of  C.  D.,  [or,  a  person  unknown,]  then  and  there  lying  dead, 
upon  the  oaths  of  A.  B.,  E.  F.,  L.  M.,  (fee.  &c.,  good  and  lawful  men 
of  the  said  county,  who,  being  duly  sworn  to  inquire,  on  the  part  of 
the  people  of  the  State  of  New  York,  into  all  the  circumstances 
attending  the  death  of  the  said  C.  1).,  [or,  person  unknown,]  and  by 
whom  the  same  was  produced;  and  in  what  manner;  and  when  and 
where  the  stiid  C.  D.  [or,  person  unknown]  came  to  his  death,  do 
say,  upon  their  oaths,  cis  aforesaid,  that*  one  0.  P.,  of  [or,  late  of] 
the  town  of  ,  in  the  county  of  ,  aforesaid,  [or,  as 

the  case  mat/  he,"]  on  the  day  of  ,  in  the  year  18     , 

at  o'clock  in  the  afternoon  of  that  day,  with  force  and  arms, 

jiid,  at  ,  in  the  county  of  ,  aforesaid,  then  and 


CORONERS.  1^1 

there,  feloniously,  violently,  and  of  his  malice  aforethought,  make  an 
assault  in  and  upon  the  body  of  the  aforesaid  C.  D.,  [or,  person  un- 
knowTi,]  then  and  there  present;  and  that  the  aforesaid  0.  P„  then 
and  there,  Avith  a  certain  sword  made  of  iron  and  steel,  [or,  with  a 
certain  instrument  made  of,  &c.,  to  tliem  unknown ;  or,  as  the  case 
may  be,]  which  he,  the  said  0.  P.,  then  and  there  held  in  his  right 
Iiand,  \-iolently,  feloniously,  and  of  his  maUce  aforethought,  inflicted 
a  mortal  wound,  [o?-,  wounds]  upon  the  left  breast  [or,  as  the  case 
viay  be]  of  the  said  C.  D.,  of  which  said  mortal  woimds  the  said  C. 
D.,  then  and  there  instantly,  [or,  on  the  day  of,  &c.,]  died; 

a.id  so  the  said  jurors  do  say  that  the  said  0.  P.  did  then  and  there 
feloniously  kill  and  murder  the  said  C.  D.,  against  the  peace  of  the 
people  of  this  State,  and  their  dignity. 

[If  necessary,  add:  And  the  said  jm-ors  further  say,  upon  their 
oaths,  as  aforesaid,  that  C.  P.,  of,  &c.,  and  R.  M.,  of,  &c.,  were  felo- 
niously present  with  loaded  pistols,  [or,  dl•a^\■n  swords;  or,  as  the 
case  may  be^  at  the  time  of  the  felony  and  murder  aforesaid,  in  form 
aforesaid  committed,  that  is  to  say,  on  the  day  of  , 

18         ,  aforesaid,  at  the  town  of  ,  aforesaid,  in  the  said 

county  of  ,  at  o'clock  in  the  afternoon  of  that  day ; 

and  that  the  said  C.  P.,  and  R  M.,  did  then  and  there  comfort,  aid 
and  abet,  the  said  0.  P.,  in  dobg  and  committing  the  felony  and 
murder  aforesaid,  in  the  manner  aforesaid,  against  the  peace  of  the 
■people  of  tliis  State,  and  their  dignity.] 

In  -vritness  whereof,  as  well  the  said  Coroner,  as  the  jurors,  afore- 
said, have  to  this  inquisition  set  their  hands  and  seals,  on  the  day  of 
the  date  of  tliis  inquisition,  as  aforesaid. 


G.  H.,  Coroner. 

L.  S." 

A.  B. 

L.  S." 

E.  F. 

L.  8.^ 

L.  M. 

L.  S." 

&c.  &c. 

§  358.  Inqiiisition  where  Murderer  is  Unknown. 
Suite  of  New  York,  )g. 
County,  ) 

An  inquisition,   &c. ;  [crsjn  §  357 /o  the  *,  and  then  contimie  as 
/allows:]  a  ceitain  person  unknown,  on  the  day  of,  &c.,  [as 

in  §  357,  to  the  end,  substituting  "  certain  person  unknown  "  for  "0. 
P.,"  in  all  cases;  and,  if  necessary,  add  the  folloiving:  And  the 
said  jurors,  upon  their  oaths  aforesaid,  further  say,  that  the  said  cer- 
tain person  unknoAvn,  who  committed  the  felony  and  murder  afore- 
said, after  he  had  committed  the  same,  in  manner  aforesaid,  did  flee 
away  to  parts  unknown,  against  the  peace  of  the  people  of  thii 
State,  and  their  dignity.] 

In  witness,  &c.,  \a$  in  §  367.] 


ti2  NEW  clerk's  assistant. 

§  359.  Inquisition  on  a  Person  who  hci3  Committed  Suicide. 

State  of  New  York,    )    g. 
County,    ) 

An  inquisitjon,  <fcc. ;  [as  in  §  357,  to  the  *,  and  then  continue  as 
follows:}  the  said  C.  D.  [or,  person  unknown]  did,  on  the 
day  of  ,18         ,  at  the  town  of  ,  in  stiid  county  of 

,  voluntarily,  and  of  liis  own  malice  aforethouglit,  inl^ct  a 
mortal  wound,  [or,  Avounds,]  in  and  upon  the  body  of  him,  the  said 
C.  D.,  I  or,  person  unknown,]  of  wliich  said  mortal  wounds  the  said 
C.  D.,  [or,  person  unknown,]  then  and  there  instantly  died;  [or,  as 
the  case  may  be;'\  and  so  the  jurors  aforesaid,  upon  their  oaths  afore- 
said, say  that  the  said  0.  D.,  [or,  person  unknown,]  did,  then  and 
there,  in  manner  aforesaid,  and  at  the  place  aforesaid,  voluntarily,  and 
of  his  own  malice  aforethought,  kiU  and  murder  himself,  the  said  C. 
D.,  [or,  person  unknown,]  against  the  peace  of  the  people  of  tliia 
State,  and  their  dignity. 

In  witness,  &c.,  [as  in  §  357.] 


York,  )    g. 
ounty,  j" 


§  360.  Inquisition  where  One  has  been  Wilfully  Poisoned, 

State  of  New 

County, 
An  inquisition,  Ac,  £crs  in  §  357,  to  the  *,  and  then  continue  as 
follows:']  one  0.  P.,  of,  Ac,  [or,  late  of  itc.,]  on,  &c.,  at  o'clock 
in  the  forenoon  of  that  day,  with  force  and  arms,  did,  at  in 

the  county  of  ,  aforesaid,  then  and  there  feloniously, -willfully, 

and  of  liis  malice  aforethought,  mix  and  mingle  a  certain  quantity  of 
white  arsenic,  the  said  0.  P.  tlien  and  there  knowing  the  sdd  white 
arsenic  to  be  a  deadly  poison,  in  a  certain  quantity  of  coffee,  [or,  as 
the  case  may  he;]  and  the  said  0.  P.,  afterwards,  to  wit:  on  the  same 
day  and  year  last  aforesaid,  at  the  time  and  place  last  aforesaid,  con- 
triving and  intending  the  said  C.  D.  [or,  person  unknown,]  with 
poison  feloniously  to  kill  and  murder,  did,  feloniously,  wilfully,  and 
of  his  malice  aforethouglit,  offer  and  give  the  poison  aforestiid,  so 
mixed  and  mingled  as  aforesaid,  to  him,  the  s;ud  C.  D.,  [or,  person 
unknown,]  to  take,  drink  and  swallow ;  and  that  the  said  C.  D.,  [or, 
person  unknown,]  not  knowing  the  poison  aforesaid  to  have  been 
mixed  and  mingled  as  aforesaid,  afterwards,  to  wit :  on  the  same  day 
and  year  last  aforesaid,  and  at  the  time  and  place  last  aforesaid,  by 
the  procurement  and  persuasion  of  the  said  0.  P.,  did  take,  drink 
and  swallow  the  s.iid  poison,  so  as  aforesaid  mixed  and  mingled  by 
the  said  0.  P. ;  and  thereupon  the  said  C.  D.,  [or,  person  unknown,] 
by  reason  of  the  taldng,  drinking,  and  swallowing,  the  poison  as  afore- 
said, became  then  and  there  sick,  and  distressed  in  his  body ;  and  the 
said,  C.  D.,  [or,  person  unknown,]  on  the  day  of  ,  18     , 


CORONER&t.  l^ 


did  die  of  the  poison  aforesaid,  given  and  taken  as  aforesaid,  and  of 
the  sickness  and  distemper  thereby  occasioned;  and  so  the  said  juroi-s 
say,  that  the  stiid  0.  P.  did  feloniously,  wilfully,  nnd  of  liis  malice 
aforethouo-ht,  and  in  the  manner,  and  by  the  means  aforesaid,  poison, 
kill  and  murder,  the  said  C.  D.,  [or,  peison  unknown,]  agiiinst  the 
oeace  of  the  people  of  this  State,  and  their  dignity. 
In  witness,  &c.,  [as  in  §  357.] 


§  361.  Inquisition,  where  Oiie  Poisons  Himself. 
State  of  New  York,  )  ^^ . 
County,  ) 
An  inquisition,  etc.,  [as  hi  §  357,  to  the  *,  and  then  cotitintie  as 
follows:]  the  said  0,  D.,  [or,  person  unknown,]  on  the  day 

of,  tfec,  at,  (fee,  in  the  county  aforesaid;  did  voluntarily,  [or,  Avhen 
in  a  deranged  state  of  mind,]  mix  and  mingle  a  certain  quantity  of 
white  arsenic,  the  said  C.  D.  then  and  there  knowing  the  said  white 
arsenic  to  be  a  deadly  poison,  [o?--,  through  mistake,  the  said  C.  D. 
not  knowing  that  the  said  white  arsenic  was  a  deadly  poison,]  in  a 
certain  quantity  of  colfee,  [or,  as  the  case  may  hef\  and  the  said  C. 
D.  did  tlien  and  there,  at  the  time  and  place  aforesjiid,  drink  and 
swallow  the  poison  aforesaid,  so  as  aforesaid  mixed  and  mingled, 
whereby  and  by  reason  of  which,  he  became  sick  and  distressed  in 
his  body;  and  the  sdd  C.  D.,  on  the  day  of  ,18  ,  did  die 
of  the  poison  afores:iid,  so  taken  as  aforesaid,  and  of  the  sickness  and 
distemper  thereby  occasioned:  And  so  the  jurors  aforesaid,  upon  their 
oaths  aforesiiid,  say  that  the  said  C.  D.  did  voluntarily,  [or,  when  in 
a  deranged  state  of  mind;  or,  through  mistake,]  kill  liimself  in  man- 
ner and  form  as  aforesaid. 

In  mtness,    <fec.,  [as  in  §  357.] 


§  362.  Inquisition  where  One  Droions  IRmself. 
State  of  New  York,  ) 
County,  \ 
An  inquisition,  cfec,  [as  in  §  357,  to  the  *,  and  tlien  continue  at 
follows:]  the  said  C.  D.,  [or,  person  unknown,]  on  the      day  of       , 
<fec.,  at,   cfec,  in  the  county   aforesaid,  vrtluntaiily,   and  of  his  own 
mfdice  aforethought,  drowned  himself  in  the  river,  situate  in 

the  town  of  ,  aforesaid:  and  so  the  jurors  aforesjud.  upon  theii 

oaths  aforesaid,  say  that,  «fec.,  [as  in  §  301,  to  the  end.] 

13 


104  NEW  clerk's  assistant. 

§  363.  Inquisition  where  One  is  Drowned  by  Accident. 
State  of  New  York,  )    g. 
County,  j 
An  inquisition,  &c.,   \as  in  §  357,  to  the  *,  and  then  continue  as 
folloios:]  the  said  C.  D.,  [or,  person  unknown,]  on  the  day  of, 

&:c.,  at,  (fee,  m  the  county  aforesaid,  went  into  the  river, 

situate  in  tlie  town  of  ,  aforesaid,  to  bathe,  and  then  and  there 

easually,  accidentahy,  and  by  misfortune,  was  suffocated  and  drowned 
in  the  water  of  the  said  river,  of  which  suffocating  and  drowning  tlie 
said  C.  D.,  [or,  person  unknown,  then  and  there  died;  and  so  the 
jurors  aforesaid,  upon  their  oaths  aforesaid,  do  say  that  the  smd  C. 
D.,  [or,  person  unknown,]  in  the  manner  and  by  the  means  afore- 
said, casually,  accidentally,  and  by  misfortime,  came  to  liis  death 
and  not  otherwise. 

In  witness,  <fec.,  [as  in  §  357.] 


§  364.  Inquisition  on  a  Person  who  has  Died  a  Natural  Death. 
State  of  New  York,  )    ^^ 
County,  ) 

An  inquisition,  <fcc.,  [as  in  §  357  to  the  *,  and  then  continue  as 
follows:^  the  said  C.  D.,  [or,  person  unknown,]  on  the  day  of, 

«kc.,  at,  itc,  in  the  county  aforesaid,  Avas  found  lying  dead  on  the 
higliway,  near  the  house  of  A.  B.,  in  the  town  of  ,  [or,  as  the 

case  nxatj  hef\  and  that  he  had  no  marks  of  violence  appearing  on  his 
body;  and  so  the  said  jurors,  upon  their  oaths  as  aforesaid,  do  say 
that  the  said  C.  D.,  [or,  person  unknown]  died  by  the  visitation  of 
God,  in  a  natural  way,  and  not  otherwise. 

In  witness,  &c.,  [as  in  §  357.] 


1     §  365.  Inquisition  on  a  Person  Found  Dead,  with  Marks  of 

•  Violence. 

State  of  New  York,  )  ^ . 
County,  j 
An  inquisition,  tkc,  [as  in  §  357  to  the  *,  and  then  continue  as 
follmos:^  the  said  C.  D.,  [or,  person  unknown,]  on,  &c.,  at,  &c.,  was 
found  lying  dead  on  the  liighAvay,  &c.,  [or,  as  the  case  may  be:~\  and 
that  the  body  of  the  said  C.  D.,  [or,  person  unknown,]  when  so 
found,  as  aforesaid,  appeared  to  liave  been  stabbed  twice,  Avith  some 
sharp  or  pointed  instrument,  to  the  said  jurors  unknoAvn,  in  or  near 
the  left  breast  thereof,  and  to  have  been  bruised  or  beaten  Avith  clubs, 
sticks,  or  the  fists  of  some  person,  or  persons,  to  tlie  said  jurors  un- 
knoAvn ;  and  the  said  jurors,  upon  their  oaths  as  aforesaid,  do  say  that 
the  said  C.  D.  [or,  person  untnown]  came  to  his  death  by  the  said 


I 


COROITERS.  19S 

rvoxmds  and  bnuses,  appearing  on  his  body,  as  aforesaid,  and  not 
otherwise. 

In  witness,  &c.,  [as  in  §  357.] 


§  360.   General  Form  of  an  Inquisition. 
State  of  New  York, 


County,  [      *  "^ 

An  inquisition  indented  and  taken,  for  the  people  of  the  State  of 
New  York,  at  the  house  of  R.  F.,  in  the  town  of  ,  in  said 

county  of  ,  on  the  day  of  ,  A.  D.  18     ,  before 

me,  G.  H.,  one  of  the  Coroners  in  and  for  said  county,  upon  the  view 
of  the  body  of  a  female  infant,  then  and  there  lying  dead,  upon  the 
oaths  of  A.  B.,  E.  F.,  L.  M.,  &c.,  <fec.,  good  and  lawful  men  of  the 
said  county,  who  being  duly  sworn  to  inquire,  on  the  part  of  the 
people  of  the  State  of  New  York,  into  all  the  circumstances  attending 
the  death  of  the  said  female  infant,  and  by  whom  the  same  was  pro- 
duced, and  in  what  manner,  and  when,  and  where,  the  said  female 
infant  came  to  her  death,  do  say,  upon  their  oaths  as  aforesaid,  that 
the  said  female  infant  was  found  lying  entirely  naked  and  dead,  in  a 
certain  inclosui-e  of  A.  B.,  in  the  town  of  ,  aforesaid,  near 

the  public  highway,  known  as  the  ,  on  the  Aaj  of 

,  &c. ;  that  the  said  female  infant,  when  so  found,  as  afore- 
Sciid,  appeared,  <fc:c. ;  \Iiere  state  the  appearance  of  the  bodtj,  and 
whether  there  ivere  marks  of  violence,  or  otherwise ;^^  that  the  said 
female  infant  was,  at  the  time  of  her  death,  of  the  age  of  years, 

or  thereabouts,  and  that  the  parents  or  guardians  of  the  said  infant 
are  to  the  jurors  unknown;  and  so  the  jurors  aforesaid,  upon  their 
oaths  as  aforesaid,  do  say,  that  the  said  female  infant  came  to  her 
death  as  aforesaid,  Jrc.  [State  the  finding  of  the  Jury  as  to  the 
cause  of  the  deaths 

In  witness,  <fec.,  [as  in  §  357.] 


§  367.  Inquisition  on  the  Body  of  a  Lunatic  who  has  Killed 
Himself. 
State  of  New  York,  1 
Coiuity,  ) 
An  inquisition,  Ac,  \as  in  §  357  to  the  *,  and  then  continue  as 
f-illows:]  the  said  G.  D.,  [or,  person  unknown,]  on,  (Sic,  at,  <fec.,  and 
at  tlie  time  of  his  death,  was  a  lunatic,  and  a  person  of  insane  mind ; 
and  that  the  said  C.  D.  [or,  person  unknown]  being  a  lunatic,  and 
a  person  of  insane  mind,  as  aforesaid,  did,  on,  &c.,  at,  *kc.,  [state  the 
facts.'] 

In  witness,  <fec.,  [as  tn  §  357.] 


MC  NEW  clerk's  assistant. 

§  368    General  Form  of  Warrant,  to  he  issued  hy  the  Coroner, 
upon  an  Inquisition} 
County,  ss: 
To  any  Constable  of  the  said  County,  [or,  the  Sheriff,  Constables, 
or  other  officers  of  tlie  peace  of  the  said   County,  whom  these 
may  concern:    or.  To  John  Doe,  a  citizen  of  the  said  County,] 
greeting : 
Whereas,  O.  P.  is  charged   upon  the   inquisition  of  A.  B.,  E.  F., 
L.  M.,  (tc.  &c.,  good  and  lawful  men  of  the  said  count}',  indented 
and  taken,  upon  their  several  oaths,  before   me,  G.  H.,  one  of  the 
Coroners  in  and  for  said  county,  at  the  liouse  of  R.  F.,  at,  (fee,  on, 
(fee,  with  having  feloniously  killed  and  murdered  C.  D.,  of,  <fcc.,  on 
the  day  of,  (fee,  at,  <fec. 

You  are,  therefore,  hereby  commanded,  in  the  name  of  the  peo- 
ple of  the  State  of  New  York,  forthwith  to  take  the  said  0.  P.,  and 
brino;  him  before  me,  to  be  de:ilt  with  accordino-  to  law.  Hereof  fail 
not  at  your  peril. 

Given  under  my  hand,  this  day  of  ,  18    . 

G.  H.,  C'oroncr. 


§  369.  Form  of  Examinations,  dbc,  Tal-en  hefore  the  Coroner. 
The  People  of  the  State  of  New  York,  1 

against  v  County,  ss: 

O.  P.  ) 

Examination  of  witnesses,  taken  at  the  house  of  R.  F.,  in  the  town 
of  ,  in  said  county,  on  the  day  of,  (fee,  before  G. 

IL,  one  of  the  Coroners  in  and  for  the  said  county,  in  the  matter  of 
a  complaint  made  uj)on  the  oath  of  J.  D.  agtiinst  0.  P.,  for  feloni- 
ously killing  and  murdering  C.  D.,  on,  tfec,  at,  (fee,  [or,  made  against 
0.  P.,  of  felony  and  murder,  who  is  charged,  upon  the  inquisition 
of  A.  B.,  (fee.  (fee,  with  having  feloniously  killed  and  mm-dered  C.  D, 
on  the  day  of,  (fee,  at,  <fec.]     [Insert  the  testimony  of  the 

witnesses,  in  th?  same  manner  as  in  cases  before  Justices  of  the 
Peoce.^ 

I  do  liereby  certify,  that  the  foregoing  is  a  con-ect  statement  and 
account  of  an  examination  taken  by  and  before  me,  as  above  stated, 
and  of  the  testimony  of  the  severtil  witnes&es  produced,  sworn  and 
exammed  thereupon. 

Given,  <fec.,  [as  in  §  368.] 


•  For  (lifleranl  fonns  of  wamnu,  •ubpaenu,  reco^nizaaees,  fce.,  mo  Chapter  XXV. 


CORONERS. 


197 


§  370.  Etamhiation  lefore  Coroner  and  Jury. 
State  of  New  York,  )^, 
County,  \ 

Examination  of  witnesses  jjroduccd,  sworn  and  examined,  on,  «fcc., 
at,  itc,  before  me,  G.  H.,  one  of  the  Coroners  in  and  for  tlie  sjiid 
county,  and  A.  B.,  E.  F.,  Jj.  M.,  Ac.  Ac,  good  anci  lawful  men  of  the 
said  County,  duly  swoi'n  uj)on  tlieir  oaths  to  inquire  inlo  all  the  cir- 
cumstances, Ac  [as  ill  §  357,  to  the  words  "do  say,"  and  then  pro- 
ceed H'ilh  ike  testimony  of  the  loitnesses^ 

I  do  hereby  certify,  that  tlie  foregoing  is  a  correct  statement  and 
account  of  an  examination  taken  by  and  before  me,  and  the  jurors 
aforesaid,  at  the  time  and  place  aforesaid,  and  of  the  testimony,  Ac, 
[as  in  §  ;3G9.] 


§  371.  Statement  of  Coroner,  to  he  made  to  the  Board  of 
Snpe7-visors. 
Statement  and  inventory,  of  all  moneys,  and  other  valuable  things, 
found  with,  or  upon,  all  persons  on  whom  inquests  have  been  held, 
by  and  l)el"ore  G.  H.,  one  of  the  Coroners  in  and  for  the  county  of 
,  for  and  during  the  year  commencing  on  the  day 

of  ,  18       ":       ' 


Uieposiiion  iherenf. 


One  gold  watch,  chain, 
anil  key;  two  cdIiI  fineer 
rinss;  and  twelve  dollars 
in  specie. 

One  coat;  one  hat;  Ac. 


Delivered  to  the  Treasurer  of 
the  county  ol' 


Delivered  to  the  leial  repre 
sentatives  ol'  the  said  M.  U. 


Comity,  ss: 

G.  H.,  of  said  county,  coroner,  as  aforesaid,  being  duly  sworn, 
says:  that  the  foregoing  statement  and  inventory,  of  all  moneys,  and 
other  valuable  things,  found  with,  or  upon,  all  persons  on  whtjm 
inquests  have  been  held,  by  and  before  him,  within  tlie  time  speci- 
fied in  said  statement  and  inventory,  and  of  the  disposition  thereof, 
is  in  all  respects  just  and  true,  to  the  best  of  his  knowledge  and 
belief;  and  that  the  moneys  and  other  articles  mentioned  in  such' 
stiitement  and  inventory,  have  been  delivered  to  the  Treasurer  of 
the  ctjunty  of  ,  [or,  to  the  legal  representatives  of  the  per- 

sons therein  mentioned.] 

Sworn  to,  this  day  of  ,  j  G.  H. 

A-  D.  18         ,  before  me,  j 

S.  T.,  Justice  of  the  Peace. 


CHAPTER  XIV. 

COVENANTS. 

PRACTICAL    REMARKS. 

1.  A  covenant  is  an  agreement,  by  which  one  person  obliges  him- 
Belf  to  do  somethine:  beneficial,  or  abstain  from  doino-  sometliinc: 
which,  if  done,  might  be  prejudicial  to  another,  and  can  only  be  cre- 
ated by  deed  indented,  or  by  deed  poll.  No  particular  form  of  words 
is  necessary  to  create  a  covenant,  but  the  instrument  containing  ii 
must  be  under  seal.' 

2.  The  words  "  covenant,  promise  and  agree,"  or  "  covenant,  agree, 
(fee."  or  "covenanted,  conditioned,  concluded  and  agreed  upon,"  or 
"  I  agree  to  do,  &c.,"  or  "  yielding  and  paying,"  or  "  I  oblige  myself 
to  pay,  &c.,"  are  sufficient  to  constitute  a  covenant. 

3.  Covenants  are  sometimes  implied ;  as  a  lease  for  years,  render- 
ing rent,  implies  a  covenant  to  pay  the  rent;  but  no  covenant  can  be 
implied  in  any  conveyance,  under  the  Revised  Statutes  of  New  York, 
whether  it  contain  special  covenants  or  not.^ 

4.  Covenants  real,  are  those  connected  with  lands,  or  other  real 
property :  covenants  of  warranty,  for  quiet  enjoyment  and  future  as- 
surance, that  neither  the  grantor  nor  his  heirs  shall  make  any  claim 
to  the  land  conveyed,  by  a  tenant  to  repair,  to  pay  rent,  or  that  no 
building  shall  be  erected  upon  a  common  or  pubhc  square  owned  by 
a  grantor  in  front  of  premises  conveyed,  are  all  covenants  running 
with  an  estate  in  land.' 

5.  A  covenant  of  warranty  runs  with  the  land  till  broken  by  the 
eviction  of  the  purchaser  or  his  assignee,  when  a  right  of  action  ac- 
crues ;  the  covenant  then  takes  the  character  of  a  chose  in  action, 
and  may  be  released  by  the  covenantee  or  assignee.* 


»  6  Cowcn,  445. 

»  2  U.  S.  (3(1  ed.)  22,  5  140 ;  14  Wendell, 

2S;  8  Paige,  .WS;  2  Barbour's  Ch.  Rep.,  659. 

•  13  Johnson,  230;  5  Cowcn,  137;  d  Id.,  2U6; 


7  Wendell.  281  ;  10  Id..  180;  17  Id.,  143;  21 
Id.,  Iv-'O:  2  Hill,  105;  5  Id.,  099;  3  Uenio,  234 
4  Paige,  510. 
♦  1  Uarbour'8  S.  C.  Rep.,  399. 


COVENANTS.  199 

6.  If  a  grantor  has  no  title,  his  covenant  of  peizin  is  broken  im- 
mediately on  the  execution  of  his  deed ;  but  where  there  are  cove- 
nants of  Avarranty  and  quiet  enjoyment  only,  there  must  be  an 
evicvion,  before  a  recovery  can  be  had.' 

7.  A  covenant  for  quiet  enjoyment  in  a  lease  of  land  for  life  is 
binding  upon  a  subsequent  grantee  in  fee  of  the  premises.' 

8.  Personal  covenants  are  those  which  affect  only  the  covenanter 
during  life,  or  are  merely  collateral  to  the  title  to  land;  as  covenants 
that  the  grantor  is  well  seized,  that  he  has  good  right  to  convey,  and 
that  the  premises  are  unincumbered' 

9.  If  a  day  be  appointed  for  the  performance  of  any  act,  which  is 
to  happen,  or  may  happen,  before  the  performance  of  the  act,  which 
is  the  consideration  of  the  firet  mentioned  act,  then  the  covenants  are 
several  and  independent,  and  an  action  may  be  brought  without 
averring  performance  of  the  consideration:  the  same  rule  applies 
where  there  is  no  fixed  time  for  the  consideration.  But  when  the 
day  appointed  for  the  payment  of  the  money,  or  performance  of  an 
act,  is  to  happen  after  the  tiling,  which  is  the  consideration,  is  to  be 
performed,  the  covenants  are  dependent,  and  no  action  will  lie  be- 
fore the  performance  of  the  consideration.  Where  a  covenant  goes 
only  to  a  part  of  the  consideration,  it  is  an  independent  covenant 
But  where  the  covenants  go  to  the  whole  consideration  on  both  sides, 
they  are  mutual  conditions,  and  dependent.  Where  two  acts  are  to 
be  done  at  the  same  time,  neither  party  can  mountain  an  action, 
without  showing  performance,  or  an  offer  to  perform,  on  his  part* 

10.  Covenants  are  to  be  construed  according  to  their  spirit  and  in- 
tent; and  where,  from  the  subject  matter  of,  the  covenant,  it  is  the 
e\ident  intent  of  the  parties  that  they  should  be  taken  severally, 
they  may  be  so  taken,  although  there  be  no  express  words  to  that 
effect' 

11.  A  covenant  must  be  construed  by  itself^  and  cannot  be  con- 
trolled by  a  verbal  agreement* 


FORMS. 

§  372.    General  Form  of  Covenant  hy  one  Person. 

And  I,  the  said  A.  B.,  for  myself  and  my  heirs,  executors  and 
administrators,  do  hereby  covenant,  to  and  with  the  said  C.  D.,  his 
heirs  and  assigns,  that,  &c. 


1  I  ConisiiicV.  5()9.  l  ,|(.||.  ^C7  ;  5  IJ.,  4% ;  8  IJ.,  615 :  1  Uenio,  69: 

»  3  |{:iiboui's  S.  C.  Rep.,  391.  |  3  Id..  73. 

»4  Ji.:i;is.oii.  72;  ;niill.  131;  3  Denio,  2ai.  *  6  .lohnsnn,  49 ;  1  WeiidoU,  223. 

•  17  Johnson,  293 ;  6  Cowen,  2"Jti ;  2  Wcii-  |       •  6  VVciideil,  103. 


VaO  KEW    CLKRK*8    assistant. 

§  3 7 3.  Joint  and  Several  Covenant. 

And  we,  the  said  A.  B.  and  C.  D.,  for  ourselves  and  our  heira, 

execiitors  and  administrators,  do  hereby  jointly  and  severally  cove- 
nant, to  and  with  the  said  E.  F.,  liis  heirs  and  assiy;ns,  that,  &c. 


§  374.  Several  Covenant. 
And  we,  the  said  A.  B.  and  C.  D.,  do  hereby  severally,  and  not 
jointly,  but  eacli  for  himself  and  his   heirs,  executors  and  adminis- 
U-atoi-s,  covenant,  to  and  with  the  said  E.  F.,  that,  &c. 


§  375.    Covenant  hij  Husband,  for  himself  and  his    Wife. 
And  the  said  A.  B.,  for  himself  and   his  heirs,  executors  and  ad- 
ministrators, and  for  and   on  behalf  of  his  wife,  the  said  M.  B.,  and 
her  heirsi,  &c.,  doth  covenant  with  the  said  E.  F.,  that,  (&c. 


§  376,  Covenant  of  Seizin. 
And  the  said  A.  B.,  for  himself,  and  his  heirs,  &c.,  doth 
hereby  covenant,  to  and  with  the  said  C.  D.,  his  heirs  and  assigns, 
that  he  is  lawfully  seized,  as  of  a  good  and  indefeasible  estate  of 
inheritance  in  the  law,  in  fee  simple,  of  and  in  the  above  granted 
premises,  <fec. 

§  377.  Several  Covenant  of  Seizin. 
And  the  smd  A.  B.,  E.  B.  and  C.  B.,  do  hereby,  severally,  and  not 
jointly,  and  each  for  himself,  and  for  his  heirs,  executors  and  admin- 
istrators, covenant,  to  and  Avith  the  said  C.  D.,  that  he  is  lawfully 
seized  of  the  one-third  part,  of,  &c. 


§  378.    Covenant  hy  Several  Grantors,  where  Each    Confines 
his  Covenant  to  his  own  Portion  of  the  Estcte. 

And  the  said  A.  B.,  for  himself,  his  heirs,  &ic.,  and  for  the  estate, 
right,  title,  qniet  enjoyment,  and  further  assurance,  of  the  one-third 
part  of  the  above  granted  premises;  and  the  said  E.  B.,  for  himself, 
<Sjc.,  and  for  the  estate,  cfec,  of  one  other  third  part  of  the  said  prem- 
ises; and  the  said  C.  B.,  for  liimself,  tfec,  and  for  the  estate,  tfec,  of 
one  other,  and  the  remaining  third  part  of  the  said  premises,  do, 
and  each  and  every  of  them  doth,  severally,  but  not  jointly,  covenant, 
to  and  with,  &c. 


§  379.    Covenant  that  Premises  are  Unincumbered. 
And  the  said  A.  B.,  for  himself,  &c.,  doth  hereby  covenant,  to  ind 
with  the  said  C.  D.,  his  heii's  and  assigns,  that  the  said  premise* 


COVENANTS.  201 

hereby  granted,  are  free  and  clear,  of  and  from  all  incumbrance,  of 
every  name  and  nature  whatsoever. 

§  380.  Covenant  for  Further  Assurance. 
And  furtlier,  the  said  A.  B.,  for  himself,  &c.,  doth  hereby  covenant, 
to  and  with  tlie  said  C.  D.,  his  heirs  and  assigns,  that  he,  the  said  A. 
B.,  for  himself  and  liis  heirs,  and  all  and  every  other  person  or  per- 
sons, lawfully  claiming,  or  to  claim,  by,  from,  or  under,  him,  or  them, 
shall  and  wiU,  from  time  to  time,  and  at  all  times  hereafter,  upon  the 
reasonable  request,  and  at  the  cost  and  charge  of  the  said  C.  D.,  his 
heirs  and  assigns,  make  and  execute,  or  cause  and  procure  to  be  made 
and  executed,  all  and  every  such  further,  and  other  lawful  and  rea- 
sonable deed,  or  deeds,  whatsoever,  for  the  further,  better,  and  more 
perfect  and  absolute,  assurance  of  the  said  premises  hereby  granted, 
or  intended  so  to  be,  with  their  appurtenances,  unto  the  said  C.  D., 
his  heirs  and  assigns,  as  by  him  or  them,  or  by  his  or  their  counsel, 
learned  in  the  law,  shall  be  reasonably  advised,  devised,  or  required. 


§  381.  Joint  Covenant  against  Incumbrance. 
And  the  said  A.  B.  and  C.  D.,  for  themselves,  their  heirs,  &c.,  do 
severally,  and  not  jointly,  nor  one  for  the  other,  or  for  the  act  or 
deed  of  the  other,  but  each  for  his  own  acts  only,  covenant,  promise, 
grant  and  agree,  to  and  with  the  said  E.  F.,  his  heirs  and  assigns,  by 
these  presents,  that  they,  the  smd  A.  B.  and  C.  D.,  have  not  hereto- 
fore done,  or  committed,  any  act,  matter,  or  tiling,  whatever,  whereby 
the  premises  hereby  granted,  or  any  part  thereof,  are,  or  shall  be, 
charged,  in  title,  estate,  or  othenvise. 


§  382.  Covenant  for  Quiet  Enjoyment. 
And  the  said  A.  B.,  for  his  heirs,  &c.,  doth  covenant,  promise  and 
and  agree,  to  and  with  the  said  C.  D.,  his  heirs  and  assigns,  by  these 
presents,  that  he,  the  said  C.  D.,  his  heirs  and  assign.s,  shall  and  laAV- 
fully  may,  from  time  to  time,  and  at  all  times  hereafter,  peaceably 
and  quietly  have,  hold,  occupy,  possess  and  enjoy,  the  said  premises, 
&c.,  hereby  granted,  or  intended  so  to  be,  with  the  appurtenances, 
without  the  lawful  liindrance,  or  molestation  of  the  said  A.  B.,  his 
heirs  fuid  assigns,  or  of  any  other  person  or  persons  whatsoever,  by 
or  with  liis  or  their  act,  consent,  privity,  or  procurement 

§  383.    Covenant  hy  Tenant  for  Life,  and  Tenant  in  Fee  of 
the  Reversion. 
And  we,  the  said  A.  B.,  and  A.  B.,  junior,  for  ourselves  respec- 
tively, and  our  respective  heirs,  do  sevenill}'-,  and  not  jointly,  cove- 
nant and  agree,  to  and  with  the  said  C.  D.,  his  heirs  and  assigns, 
Uiat  we  are  lawfullv  seized  in  fee  of  the  aforegrantcd  premises,  in 


202  KEW  clkkk's  assistant. 

manner  following,  that  is  to  say :  that  the  said  A.  B.  is  seized  there- 
of for  his  life,  and  as  tenant  by  the  courtesy ;  and  that  the  said  A. 
B.,  junior,  is  seized  in  fee  simple  of  the  reversion,  or  remainder  there- 
of, expectant  upon  the  determination  of  the  said  estate  by  the  cour- 
tesy, ckc. 

§  384.  Mutual  and  Dependent  Covenant. 
And  the  said  A.  B.,  for  himself,  <fec.,  doth  hereby  covenant  and 
agree,  to  and  Avith  the  said  C.  D.,  his  heirs  and  assigns,  that  he  will 
pay  to  the  said  C  D.,  his  heirs  or  assigns,  the  sum  of  dollars, 

on  the  day  of  next ;  and  in  consideration  thereof,  the 

said  C.  D.,  for  liimself,  &c.,  doth  covenant  and  agree,  to  and  with  the 
said  A.  B.,  his  heirs  and  assigns,  that  he  will  make  and  execute  to 
the  sjxid  A.  B.,  &(X,  a  good  and  sufficient  warranty  deed,  &c.,  on  the 
payment  of  the  said  sum  of  money  as  aforesaid. 

§  385.  Independent   Covenants. 
And  the  said  A.  B.,   for  himself,  &c.,  doth  hereby  covenant  and 
agree,  to  and  with  the  said  C.  D.,  his  heirs  and  assigns,  that  he  will 
pay  unto  the  said  C.  D.,  tfcc,  the  sum  of  dollars,  on  or  before 

the  expiration  of  one  year  from  the  date  of  those  pres(!nts,  with  le- 
gal interest  thereon.  And  the  said  C.  D.,  for  himself,  itc,  doth  cov- 
enant, &c.,  to  and  with  the  said  A.  B.,  <fec.,  that  he  will  Sfll,  transfer, 
and  convey,  to  the  said  A.  B.,  (fee,  shares  of  the  capital  stock 

of  the  bank  of  ,  on  or  before  the  expiration  of  ninety  days 

from  the  date  hereof 


CHAPTER  XV. 
DEBTOE  AND  CREDITOE. 

PRACTICAL     REMARKS. 

1.  Every  insolvent  debtor  may  obtain  a  discharge  from  bis  debts, 
under  the  provisions  of  the  Re\ised  Statutes  of  this  State,  upon  exe- 
cuting an  assignment  of  all  his  estate  for  the  benefit  of  his  creditors. 
The  petition  for  that  purpose  must  be  signed  by  the  debtor,  and  by 
so  many  of  his  creditors  residing  in  the  United  States,  as  have  debta 
in  good  faith,  owing  to  them  by  such  debtor,  and  amounting  to  two- 
thirds  of  all  liis  debts  owino-  to  creditors  residintr  in  the  United  Stiites. 
Corporations,  executors,  and  administrators,  Uke  other  persons  or 
firms,  may  become  petitioning  creditors.  The  petition  must  be  ac- 
companied by  the  affidavits  of  the  debtor  and  petitioning  creditors, 
forms  of  which  are  hereinafter  given.  Annexed  to  the  petition  there 
must  be  a  schedule,  containing  a  full  and  true  account  of  all  the 
creditors  of  the  petitioner ;  the  place  of  residence  of  each  creditor,  if 
known ;  and  if  not  known,  the  fact  must  be  stated ;  the  sum  OAving 
to  each  creditor,  and  the  nature  of  each  debt  or  demand,  whether  on 
written  security,  account,  or  otherwise ;  the  true  cause  and  conside- 
ration of  indebtedness  in  each  case,  and  the  place  where  it  accrued ; 
and  a  full  and  true  inventory  of  all  the  estate,  both  real  and  personal, 
in  law  and  equity,  of  the  insolvent;  of  the  incumbrances  existing 
thereon;  and  of  all  the  books,  vouchers,  and  securities,  relating 
thereto.^ 

2.  The  officer  receiving  the  petition  of  an  insolvent  debtor,  is  re- 
quired to  make  an  order  for  all  the  creditors  of  the  insolvent,  to  show 
cause  why  he  should  not  make  an  assignment,  and  be  discharged 
from  his  debts.  Notice  of  the  order  is  to  be  published  in  the  State 
paper,  and  in  a  newspaper  printed  in  the  county,  and  also  in  one 
printed  in  the  city  of  New  York,  provided  one-fourth  in  amount  of 

»  2R.  S.  (34  c(l.)  76,  §5  1-5;  M.,  92,  S  7,   I   Paige,  602;  3  Id.,  338. 
•I  seq. ;  20  Johnson,  21  ;  1  Weudcll,  156 ;  2  | 


204  KEW  clerk's  assistant. 

the  debts  accrued  in  that  city.  If  all  the  creditors  reside  within  one 
hundred  miles  of  the  place  where  cause  is  to  be  shown,  the  notice  is 
to  be  published  once  in  each  week,  for  six  weeks  successively ;  if  any 
of  the  creditors  reside  over  one  hundred  miles  from  such  place,  the 
notice  is  to  be  published  ten  weeks.  It  is  also  necessary  that  the 
creditors  of  the  insolvent,  pro^^ded  they  reside  in  the  United  States, 
and  tlioir  places  of  residence  are  known,  should  be  served  with  a  copy 
of  the  notice  of  the  order  to  show  cause,  either  personally  or  by  mail. 
If  the  service  be  personal,  it  must  be  made  at  least  twenty  days 
before  the  time  fixed  for  the  discharge,  and  if  by  mail,  at  least  forty 
days.  Where  the  notice  is  sent  by  mail,  it  should  be  folded  and 
directed  like  a  letter.* 

3.  At  the  time  of  the  hearing,  proof  must  be  presented  of  the  due 
service  of  notice  of  the  order  to  show  cause  on  creditors  residing  ia 
the  United  States.' 

4.  On  the  day  fixed  for  the  hearing,  the  officer  proceeds  to  hear 
the  proofs  and  allegations  of  the  parties :  if  there  be  no  opposition, 
an  order  is  entered  requiring  the  debtor  to  make  an  assignment;  and 
when  due  proof  of  the  execution  of  such  assignment,  and  the  transfer 
of  the  property  of  the  debtor  to  the  assignee,  is  presented  to  the  offi- 
cer, a  discharge  is  granted.  Creditors  may,  however,  demand  a 
jury  in  tlie  premises,  Avhen  the  same  proceeding-s  are  had  as  on  the 
trial  of  other  causes.  Fraudulent  preferences,  or  concealments,  or 
collusion  witli  creditors,  or  wrongful  interference  with  property  trans- 
ferred to  the  assignee,  if  made  to  appear  on  the  hearing,  will  prevent 
the  petitioner  from  obtaining  a  discharge.' 

5.  A  discharge  granted  in  pursuance  of  a  petition  presented  as 
aforesaid,  will  exonerate  the  insolvent  from  all  debts  due  at  the  time 
of  the  assignment,  or  contracted  before  that  time,  though  payable 
afterwards,  founded  upon  contracts  made  since  the  12th  of  April, 
1813,  Avithin  the  State,  or  to  be  executed  within  tliis  State,  and  from 
all  debts  owing  to  persons  resident  Avithin  this  State,  at  the  time  of 
the  first  publication  of  the  notice  above  mentioned ;  or  owing  to  per- 
sons not  residing  in  this  State,  who  united  in  tlie  petition  for  a  dis- 
charge, or  Avho  shall  accept  a  dividend  from  the  insolvent's  estate; 
and  from  all  liabilities  incurred  by  such  insolvent,  by  making  or 
endorsing  any  promissory  note,  or  bill  of  exchange,  previous  to  his 
assignment.  Such  discharge  Avill  also  operate  upon  a  previously 
existing  judgment,  obtained  against  the  debtor  for  tort* 

6.  Petitions  in  the  case  of  an  insolvent  debtor;  must  be  presented 
to  a  Justice  of  the  Supreme  Court,  County  Judge,  or  Recorder  of  a 
city.     In  the  city  of  Schenectady,  the  petition  may  be  presented  to 

1  2  R.  S.  (3tl.  ed.)  77,  W  S-U  :    Laws  of  I       «  2  R.  S.  {3d.  ed,)  §§  30,  31  ;  9  .Tohnson, 

1347,  chap.  306  ;  1  Wendell,  90.  127 ;  10  Id.,  G3,  289 ;  20  Id.,  20S  ;  2  Wendell, 

a  Laws  on847,  chap.  3G6.  457  ;  9  Id  ;  313;  12  Id.,  102;  19  Id.,  150,629' 

8  2R.  S.  (3d.  cd.)18,  §  12,etseq.;  13John-  5  Hill,  212 ;  3  Paige,  338. 

•on,  385  ;  C  Wendell,  632 ;  7  Id.,  240.  | 


DEBTOR  AIO)  CREDITOR.  205 

tlie  .Mayor.  In  the  city  of  New  York,  application  may  be  made  to 
any  one  of  the  Justices  of  the  Superior  Court,  or  Judges  of  the  Court 
of  Common  Pleas.  The  officer  to  whom  the  petition  is  presented, 
mu.st  reside  in  the  same  county  with  the  insolvent  debtor.  If  there 
be  no  officer  in  the  county  authorized  to  act  in  the  premises,  the 
application  can  be  made  to  an  officer  in  any  other  county :  the  place 
appointed  for  the  hearing,  however,  must  be  in  the  county  •vvliere 
the  debtor  resides.' 

7.  Any  person  against  whom  any  suit  shall  have  been  commenced 
in  a  court  of  record,  in  which  such  person  cannot  be  arrested  or 
imprisoned,  may  present  a  petition  to  a  Justice  of  the  Supreme 
Court,  or  County  Judge  in  the  same  county;  or,  in  the  city  of  New 
York,  to  any  one  of  the  Justices  of  the  Superior  Court,  or  Judges 
of  the  Court  of  Common  Plctis,  praying  that  his  property  may  be 
assigned.  Fourteen  days'  notice  of  the  presentation  of  the  petition 
is  requii'ed  to  be  given.  The  notice  is  to  be  served  with  a  copy  of 
the  petition,  account,  and  inventory,  forms  of  which  are  hereinafter 
given,  on  the  plaintiff,  or  plaintiffs,  by  whom  the  defendant  shall  be 
prosecuted,  their  personal  representatives,  or  attorney ;  and  proof  of 
such  service  must  be  made  at  the  time  of  presenting  the  petition. 
The  subsequent  proceedings  iipon  such  petition,  are  similar  to  those 
in  the  case  of  an  insolvent  debtor,  as  above  mentioned.  The  dis- 
charge granted  in  pursuance  thersof,  will  exonerate  the  debtor  from 
being  proceeded  agmnst  by  any  creditor  entitled  to  a  di\idend  of  the 
estate  of  such  petitioner." 

8.  An  assignment  executed  by  an  insolvent  debtor,  under  the 
foregoing  provisions,  of  all  his  estate,  real  and  personal,  passes  the 
title  to  all  lands  he  may  own,  without  further  description,  and  whe- 
ther such  lands  are  mentioned  in  the  inventory  or  not.  A  re-cou- 
veyance  to  hira  will  not  be  presumed.* 

9.  Whenever  an)  debtor  is  imprisoned  in  the  State  Prison,  for  any 
term  less  than  his  natural  Kfe;  or  in  any  penitentiary,  or  county  jail, 
for  a  criminal  offence,  for  any  term  more  than  one  year;  application 
may  be  made  to  any  of  the  officers  to  whom  the  petition  of  an  insol- 
vent may  be  presented,  by  any  creditor  of  such  debtor,  or  by  any 
of  his  relatives,  or  by  any  relative  of  his  wife,  for  the  appointment 
of  trustees  to  take  cliarge  of  the  estate  of  such  debtor.  A  copy  of 
the  sentence  of  conviction  of  such  debtor,  duly  certified  by  the 
Cierk  of  the  court,  under  his  seal  of  office,  together  with  an  affidavit 
of  the  applicant,  that  such  debtor  is  actually  confined  under  the 
sentence,  and  that  lie  is  indebted,  (in  any  sum  whatever,)  must  be 
presented  to  the  officer,  who  thereupon  proceeds  to  appoint  two  or 


>  2  a.  S.  (M.  ed.)  SI,  92,  ii  1-6.  I  SR.  S.  (3d  erJ.)nO,  J  13,  el  Beq.;  3  Hill,  109; 

»Laws  of  ie31,cll»p.  3U0,  ^  12,  ct  eeq.;       41(<.,.'>8l,G0t>. 

I      *21)enio,61. 


206  NEW  clerk's  assistant. 

more  fit  persons,  ns  trustees  of  the  estate  of  the  debtor.  Whenever 
tlie  imprisoned  debtor  is  lawfully  discharged  from  imprisonment,  the 
trustees  arc  bound  to  surrender  up  to  him  all  his  real  and  personal 
estate,  and  all  moneys  belonging  to  him,  in  their  hands,  after  retain- 
ing sufficient  for  their  expenses  and  lawful  commissions.' 

10.  Assignees,  or  trustees,  of  insolvent  or  imprisoned  debtors,  may 
be  appointed  to  fill  vacancies,  by  the  officer  before  whom  the  former 
proceedings  were  had,  or  his  successor  in  office,  or  any  other  officer 
residing  in  the  same  county  with  the  original  sissignee  or  trustee,  to 
Avhom  the  petition  might,  in  the  first  instance,  have  been  presented. 
The  appointment  must  be  certified,  and  filed  in  the  Clerk's  office  of 
the  county.' 


FORMS. 

§  386.  Letter  of  License  to  a  Debtor. 
To  all  to  -whom  these  presents  shall  come :  We,  E.  F.,  of,  &c.,  and 
G.  Y.,  of,  (kc,  \iiame  the  several  creditors,^  whose  names  are  under- 
written, and  seals  affixed,  creditors  of  A.  B.,  now  or  late  of  , 
send  greeting:  Whereas,  the  said  A.  B.,  on  the  day  of  tbe  date 
hereof,  is  indebted  unto  us,  the  said  creditors,  in  divers  sums  of  mo- 
ney, which,  by  reason  of  great  losses  and  misfortunes,  he  is  not  at 
present  able  to  pay  and  satisfy,  without  respite  of  time  be  given  him 
for  that  purpose :  Know  ye,  therefore,  that  we,  the  said  creditors, 
and  every  one  of  us,  do,  by  these  presents,  severally  give  and  grant 
unto  the  said  A.  B.,  free  hcense,  liberty  and  leave,  to  come,  go  and 
resort,  unto  us,  and  every  of  us,  his  said  creditors,  to  compound  and 
take  order  with  us,  and  every  one  of  us,  for  our  and  eveiy  of  our 
debts;  and  also  go  about  his  other  business  and  aflfairs,  at  Ms  free 
will  and  pleasure,  from  the  day  of  the  date  hereof,  until  the  full  end 
and  term  of  months  next  ensuing,  without  any  let,  suit, 
trouble,  arrest,  attachment,  or  other  disturbance  whatsoever,  to  be 
ofifered  or  done  unto  him,  the  said  A.  B.,  his  wares,  goods,  money, 
or  merchandise,  whatsoever,  by  us,  or  the  assigns  of  us,  or  any  or 
either  of  us,  or  by  our  or  any  of  our  means  or  procurement;  and 
we,  the  said  creditors,  severally  and  respectively,  each  for  himself, 
his  executors  and  administrators,  do  severally,  and  not  jointly,  cove- 
nant and  agree,  to  and  with  the  said  A.  B.,  his  executors,  adminis- 


«  2  R.  S.  (3d  ed.)  74,  75,  §§  1-0;  15  Wen-    I       «  Laws  of  1816,  chap.  158. 
4aU,  250.  I 


DEBTOR   AND   CREDITOR- 


20^ 


trators,  and  every  of  them,  by  these  presents,  that  if  any  trouble, 
vexation,  wrong,  damage,  or  hinderance,  shall  be  done  unto  laim,  the 
said  A.  B.,  either  in  his  body,  goods,  or  chattels,  within  the  said 
term  of  months,  from  tlie  date  of  these  presents,  by  us, 

or  any  of  us,  contrary  to  the  tenor  and  effect  of  this  our  license, 
that  then  he,  the  said  A.  B.,  his  executors  and  administrators,  shall 
be  accjuitted  and  discharged  towards  and  against  him  and  them,  of 
us,  his  and  their  executors,  administrators,  partners  and  assigns,  and 
every  of  them,  by  whom  and  by  whose  means  he  shall  be  vexed, 
arrested,  troubled,  imprisoned,  attached,  grieved,  or  damnified,  of  all 
manner  of  actions,  suits,  quarrels,  debts,  dues  and  demands,  either  in 
law  or  equity,  whatsoever,  from  the  beginning  of  the  world  to  the  day 
of  the  date  of  these  presents :  provided  always,  nevertheless,  and  it 
is  the  true  intent  and  meaning  of  these  presents,  and  of  the  said  par- 
ties hereunto,  that  if  all  the  said  parties  shall  not  subscribe  and  seal 
these  presents,  then,  and  in  such  case,  the  liberty  and  license  hereby 
given  and  granted,  and  every  clause,  covenant,  matter  and  thing, 
herein  contained,  shall  cease  and  be  utterly  void,  to  all  intents  and 
purposes ;  any  thing  hereinbefore  contained,  to  the  contrary  thereof, 
in  any  wise  notwithstanding. 

In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
unto set  their  hands  and  seals,  the  day  of  ,  18      . 

Signed,  sealed  and  delivered  )  E.  F.     [l.  &.] 

in  presence  of  )  &c.,  &c. 

G.  H. 


§  387.  Composition  with  Creditors. 
To  all  to  whom  these  presents  shall  come :  We,  whose  names  are 
hereunder  written,  and  seals  affixed,  creditors  of  A.  B.,  of,  &c.,  send 
greeting:  Whereas,  the  said  A.  B.  does  justly  owe,  and  is  indebted 
unto  us,  his  said  several  creditors,  in  divers  sums  of  money ;  but  by 
reason  of  sundry  losses,  disappointments,  and  other  damages,  hap- 
pened unto  the  said  A.  B.,  he  is  become  unable  to  pay  and  satisfy 
us  of  our  full  debts,  and  just  claims  and  demands,  and  therefore  we, 
the  said  creditors,  have  resolved  and  agreed  to  undergo  a  certain 
loss,  and  to  accept  of  cents,  for  every  doUar  owing  by  the 

said  A.  B.,  to  us,  the  several  and  respective  creditors  aforesaid,  to  be 
paid  in  full  satisfaction  and  discharge  of  our  several  and  respective 
debts :  Now,  know  ye,  that  we,  the  said  creditors  of  the  said  A.  B., 
do,  for  ourselves,  severally  and  respectively,  and  for  our  several  and 
respective  heirs,  executors  and  administrators,  covenant,  promise, 
compound  and  agree,  to  and  wifli  the  said  A.  B.,  by  these  presents, 
that  we,  the  said  several  and  respective  creditors,  shall  and  will  ac- 
cept, receive  and  take,  of  and  from  the  said  A.  B.,  for  each  and 
every  dollar  that  the  said  A.  B.  does  owe  and  is  indebted  to  us,  the 
said  several  and  respectivt;  creditors,  the  sum  of  cents,  in 


208  NEW  clerk's  assistant. 

full  discharge  and  satisfaction  of  the  several  debts  and  sums  of 
money  that  the  said  A.  B.  does  owe  and  stand  indebted  unto  us;  to 
be  paid  unto  us,  the  said  several  and  respective  creditors,  within  tho 
time  or  space  of  months  next  after  the  date  of  these  presents; 

and  we,  the  said  several  and  respective  creditors,  do  severally  and 
respectively  covenant,  promise  and  agree,  to  and  with  the  said  A.  B., 
that  he,  the  said  A.  B.,  shall  and  may,  from  time  to  time,  and  at  all 
times,  within  the  said  time  or  space  of  months  next  ensuing 

the  date  hereof,  assign,  sell,  or  otherwise  dispose  of,  all  his  goods  and 
chattels,  Avares  and  merchandise,  at  his  own  free  will  and  pleasure^ 
for  and  towards  the  payment  and  satisfaction  of  the  said 
cents  for  every  dollar  the  said  A.  B.  does  owe  and  is  indebted  unto 
us,  as  aforesaid ;  and  that  neither  we,  the  said  several  and  respective 
creditors,  nor  any  or  either  of  us,  shall  or  will,  at  any  time  or  times 
hei-eafter,  sue,  arrest,  molest,  or  trouble,  the  said  A.  B.,  or  liis  goods 
and  chattels,  for  any  debt  or  other  thing,  now  due  and  owing  to  us, 
or  any  of  us,  his  respective  creditors :  so  as  the  said  A.  B.  well  and 
truly  pay,  or  cause  to  be  paid,  the  said  sum  of  cents  for 

every  dollar  he  does  owe  and  stand  indebted  to  us,  respectively, 
within  the  said  time  or  space  of  months  next  ensuing  the 

date  hereof;  and  all  and  every  of  the  grants,  covenants,  agreements 
and  conditions,  herein  contained,  shall  extend  to  and  bind  our  seve- 
ral executors,  administrators  and  assigns 

In  witness  whereof,  we,  the  undersigned,  have  hereunto  set  our, 
(fee,  [as  in  §  386.] 


§  388.  Petition  of  Insolvent  and  his  Creditors,  under  the  Two- 
Third  Act. 

To  the  Hon.  J.  P.  H.,  County  Judge  of  County:  [or,  as  th$ 

case  may  ie.] 
The  petition  of  A.  B.,  of  the  town  \or,  city]  of  ,  an  in- 

solvent debtor,  and  others,  whose  names  are  hereunto  subscribed, 
creditors  of  the  said  insolvent,  residing  witliin  the  United  States,  re- 
spectfully showeth:  That  the  said  insoh^ent,  from  many  unfortunate 
circumstances,  has  become  insolvent,  and  utterly  incompetent  to  the 
payment  of  his  debts ;  wlierefore  he,  and  your  other  petitioners,  are 
desirous  that  the  said  insolvent's  estate  should  be  distributed  among 
his  creditors,  in  discharge  of  their  debts,  sq,  far  as  the  same  will  ex- 
tend; and  for  that  purpose  praj^  that  all  his  estate,  real  and  personal, 
may  be  assigned  over  and  delivered  up  to  J.  K.,  of,  <tc.,  and  L.  M., 
of,  (fee,  as  assignees,  appointed  by  the  said  creditors,  having  debts  in 
good  faith  owing  to  them  by  the  sjiid  insolvent,  now  due,  or  hereafter 
to  become  due,  and  amounting  to  at  Iciist  two-thirds  of  all  the  debt? 
©wing  by  the  said  insolvent,  to  creditors  residing  Avithin  the  United 
States:  And  further,  that  the  said  insolvent  may  be  discharged  from 


II 


CLERKS  AND  CRIERS.  80# 

Ws  dtbts,  agreeably  to  the  direction  of  the  statute  of  the  State  of 
New  York,  concerning  "  Voluntary  assignments,  made  pursuant  to 
the  application  of  an  insolvent  and  his  creditors," 
Dated  the  day  of  ,  18     . 

A,  B. 
E.  F.,  S  ,  )  [Insert  the  amovnt  due  to 

G.  H.,  $  ,  >•  each  creditor,  op/josite  tAe 

S.  T.,  &  Co.,         §  ,  )  signature.^ 


§  389.  Affidavit  of  Residence  of  Petitioner. 
I,  L.  M.,  do  swear,  that  A.  B.,  in  the  annexed  petition  named,  is 
an  inhabitant  actually  residing  Avitliin  tlie  county  of  ,  and 

State  of  New  York.  L.  M. 

Sworn  to  before  me,  the  day  ) 

of  ,  18     .  S 

J.  P.  H.,  Coimty  Judge ;  \or  aiuj  officer  authoi-ized  to  take  affi- 
davits to  be  read  in  a  court  of  record^ 


§  390.  Affidavit  of  Creditor. 
State  of  New  York,  )^^ 
County,  j 

E.  F.,  of  the  said  county,  one  of  the  petitioning  creditors  of  A.  B., 
an  insolvent  debtor,  being  duly  sworn,  doth  depose  and  say,  that  the 
sum  of  dollars,  lawful  money  of  the  United  States,  being  the 

sum  annexed  to  the  name  of  this  deponent,  subscribed  to  the  petition, 
is  justly  due  to  him  from  the  smd  insolvent,  on  account,  for  [or,  on  a 
promissory  note  given  for]  goods,  wares,  and  merchandise,  sold  and 
delivered  by  him  to  the  said  insolvent;  [or,  as  the  case  may  he;  stu- 
tiny  the  nature  of  the  demand — ichether  on  written  securiti/  or  other' 
wise, — and  the  general  ground  and  consideration  of  the  indebtedness ;1^ 
and  that  neither  he,  nor  any  person  to  his  use,  hath  received  from  the 
said  insolvent,  or  any  other  person,  payment  of  any  demand,  or  any 
part  thereof,  in  money,  or  in  any  way  whatever,  or  any  gift  or  reward 
whatsoever,  upon  any  express  or  implied  trust  or  confidence,  that  he 
should  become  a  petitioner  for  the  said  insolvent 

Sworn,  <fec.,  [as  in  §  389.]  E.  F. 


§  391.  Affidavit  of  one  of  a  Firm,  who  are  Creditors. 
State  of  New  York, 
County, 
S.  T.,  of  the  said  county,  partner  of  the  firm  or  copartnership  of 
8.  T.  &  Co.,  who,  as  one  of  the  copartners,  and  in  their  behalf,  hath 
subscribed  to  the  petition  the  name  or  firm  of  their  said  copartner- 
ship, as  petitioning  creditors  of  A.  B.,  an  msolvent  debtor,  being  duly 
14 


210 


NE\r  clerk's   ASSISTAir  . 


sworn,  doth  depose  and  say,  that  the  sum  of  dollars,  lawful 

money  of  the  United  States,  being  the  sum  annexed  to  tlie  name  of 
the  said  copartnership  subscribed  to  the  petition,  is  justly  due  to  them 
from  the  said  insolvent,  for  [state  the  nature  of  the  demand,  whether 
owing  on  ivritten  security,  or  otkerivise,  with  the  general  ground  and 
consideration  of  the  indebttdness  f\  and  that  neither  he,  nor  any  per- 
son to  his  or  their  use,  hath  received  from  the  said  insolvent,  or  any 
other  person,  payment  of  any  part  thereof,  in  money,  or  in  any  other 
way  whatever,  or  any  gift  or  reward  whatsoever,  upon  any  express 
or  implied  trust  or  confidence,  that  he  or  they  should  become  a  peti- 
tioner or  petitioners  for  the  said  insolvent 
Sworn,  (kc,  [as  in  §  389.] 


§  392.  Schedule  of  Petitioner. 
The  Schedule  of  A.  B.,  an  insolvent,  annexed  to  and  delivered 
with  his  petition,  to  the  Hon.  D.  W.,  Recorder  of  the  city  of  , 

[or,  as  the  case  may  bei]  and  containing  a  full  and  true  account  of  all 
the  creditors  of  the  said  A.  B.,  with  the  place  of  residence  of  each; 
the  sum  owing  to  each  of  them  by  the  said  insolvent ;  the  nature  of 
each  debt,  with  the  true  cause  and  consideration  thereof;  and  the 
place  where  tho  same  accrued. 


CreJiiors. 

Residence. 

Amouiu. 

Nature  of  debt,  with  true 

cause  and  consideration 

thereof. 

Accrued  at 

Dolls. 

Cts. 

L.  M. 

New  York. 

562 

39 

On  account,  for  goods,  wares, 
and  merchandise,  sold  and  de- 
livered to  the  said  A.  B. 

New  York. 

S.  T.  &  Co. 

Albany. 

1182 

14 

On  X  /omissory  note,  given  on 
purchase  of  bill  of  goods,  wares, 
and  merchandise. 

Albany. 

N.  B. 

Auburn. 

1000 

00 

On  a  bond,  given  as  collateral 
security   for    payment    of   the 
sum  of  S                      ,  secured 
to  be  paid  by  a  certain  mort- 
gage, executed  by  the  said  A. 
B.,  to  the  said  N.  B.,  the  origi- 
nal consideration  of  which  was 
money  lent  to  the  said  A.  B. 

Auburn. 

Also  a  full  and  true  inventory  of  all  the  estate,  both  real  and  per- 
sonal, in  law  and  equity,  of  the  said  A.  B.,  an  insolvent  debtor ;  of 
the  incumbrances  existing  thereon,  and  of  all  the  books,  vouchers, 
and  securities,  relating  thereto,  as  follows,  to  wit : 

Ten  acres  of  land,  situate  in,  &c.,  subject  to  a  certain  mortgage, 
given,  ikc. ;  twenty  shares  of  the  capital  stock  of  the  bank  of  , 

two  horses ;  one  lumber  wagon ;  one  two-horse  carriage ;  one  sofa, 
&c.,  &c.     Dated  the  day  of  18    . 

A.B 


DEBTOR  Am)  CREDITOR.  211 

§  393.   Oath  of  Insolvent. 

I,  A.  B.,  do  swear,  that  the  account  of  my  creditors,  and  the  inven- 
tory of  my  estate,  which  are  annexed  to  my  petition,  and  herewith 
delivered,  are  in  all  respects  just  and  true ;  and  that  I  have  not  at 
any  time,  or  in  any  manner  whatsoever,  disposed  of,  or  made  over, 
any  part  of  my  estate,  for  the  future  benefit  of  myself  and  family,  or 
in  order  to  defraud  any  of  my  creditors;  and  that  I  have,  in  no 
instance,  created  or  acknowledged  a  debt,  for  a  greater  sum  than  I 
honestly  and  truly  owed ;  and  that  I  have  not  paid,  secured  to  be 
paid,  or  in  any  way  compounded  with,  any  of  my  creditors,  with  a 
view  fraudulently  to  obtain  the  prayer  of  my  petition. 

Sworn  &c.,  [as  m  §  389.]  A.  B. 


§  394.   Order  for  Creditors  to  Show  Cause,  and  for  Puhlicalion. 
Ordered,  That  all  the  creditors  of  A.  B.,  an  insolvent  debtor,  be 
required  to  show  cause,  if  any  they  have,  before  me,  on  the 
day  of  next,  at         o'clock  in  the  noon,  at  my  office 

in  the  town  of  ,  why  an  assignment  of  the  said  insolvent's 

estate  should  not  be  made,  and  he  be  discharged  from  his  debts,  pur- 
suant to  the  provisions  of  the  statute  for  the  discharge  of  an  insolvent 
from  liis  debts,  notice  for  which  is  to  be  published  for  six  [or,  ten] 
weeks,  successively,  in  the  state  paper,  and  the  newspaper  printed  in 
the  county  of  ,  entitled  the  .     Dated  the 

day  of  ,  18     . 

D.  P.  Justice  of  the  Supreme  Court 


§  395.  Notice  to  be  Published. 

Notice  of  application  for  the  discharge  of  an  insolvent  from  his 
debts,  pui-suant  to  the  provisions  of  the  third  article  of  the  first  title 
of  the  fifth  chapter  of  the  second  part  of  the  Revised  Statutes: 

A.  B.,  of  the  town  of  ,  in  the  county  of  ,  an  insol- 

rent  debtor:  [or,  if  the  applicant  be  a  member  of  an  insolvent  firm, 
tcy:  A.  B.,  of  the  city  and  county  of  New  York,  an  insolvent  debtor, 
individually,  and  as  one  of  the  firm,  [or,  late  firm]  of  B.  &  Y. ;] 
Notice  first  published,  July  1,  1847.  Creditors  to  appear  before 
Hon.  J.  P.  H.,  County  Judge  of  said  county  of  ,  at  his  office 

m  the  town  of  ,  on  the  day  of  next,  at 

ten  o'clock  in  the  forenoon,  to  show  cause,  if  any  they  have,  why  an 
assignment  should  not  be  made  of  said  insolvent's  estate,  and  he  be 
discharged  from  his  debts. 


212  NEW  clerk's  assistant. 

8  396.  Notice  to  he  served  on  the  Creditors  Residing  in  the  United 
States,  tvith  the  Notice  of  the  Order  to  Shoio  Cause. 
Sir: — You  will  please  take  notice,  that  the  foregoing  \or,  the 
within,]  is  a  copy  of  a  notice  to  show  cause,  before  the  Hon.  J.  P.  H., 
County  Judge  of  county,  at  the  time  and  place  therein  speci- 

fied, why  I  shoiUd  not  make  an  assignment  of  my  estate,  and  be  dis- 
charged from  my  debts,  &c. 

Dated  the  day  of  ,  18     . 

To  L.  M.  Yours,  (kc,  A.  B. 


§  397.  Proof  of  Service  of  Notice  on  Creditors  Residing  in  the 
United  States. 
State  of  New  York,  ) 
County,  [ 

A.  B.,  of  said  county,  being  duly  sworn, 
[  Attach    here   a      says,  that  on  the  day  of  in- 

pritited    copy  of       stant,  [o?-,  last  past,]  he  served  the  notice, 
the  notice,  §  395.]       of  which  the  annexed   printed  notice  is  a 
copy,  on  C.  D.,  L.  M.,  etc.,  &c.,  by  deliver- 
ing a  copy  of  the  same  to  each  of  them  personally,  [or,  by  deposit- 
ing a  copy  of  the  same,  properly  folded  and  directed  to  each  of  them, 
at  his  usual  place  of  residence,  in  the  jwst  office  at  .  ] 

Sworn,  (fee,  [as  in  §  389.]  A.  R 


§  398.   Order  for  Assignment. 
Whereas,  A.  B.,  of  ,  in  the  county  of  ,  an  insolvent 

debtor,  did,  in  conjunction  with  so  many  of  his  creditors  residing 
within  the  United  States  as  have  debts  in  good  foith  owing  to  them 
by  the  said  insolvent,  amounting  to  at  least  two-thirds  of  all  the 
debts  owing  by  him  to  creditors  residing  within  the  United  States, 
present  a  petition  to  me,  for  the  purpose  of  being  discharged  from 
his  debts,  pursuant  to  the  provisions  of  tlie  third  ai-ticie  of  the  first 
title  of  the  fifth  chapter  of  the  second  part  of  the  Revised  Statutes; 
upon  hearing  which,  it  satisfactorily  appeared  to  me  that  the  said 
insolvent  is  justly  and  trxily  indebted  to  the  petitioning  creditors  in  the 
sums  by  them  respectively  mentioned  in  their  affidavits  annexed  to 
the  petition;  that  such  sums  amount  in  the  aggregate  to  two-thirds 
of  all  the  debts  owing  by  him  at  tlie  time  of  his  presenting  his  petition 
to  creditors  residing  witliin  the  United  States,  and  that  he  has  hon- 
estly and  fairly  given  a  true  account  of  his  estate,  and  has  in  all 
thing-s  conformed  to  the  matters  required  of  him  by  the  said  article : 
I  do,  therefore,  direct  that  an  assignment  be  made  by  the  said  in- 
solvent, to  J.  K,  of,  &c.,  and  L.  M.,  of,  tfec,  assignees  nominated  by 
the  said  creditors,  of  all  his  estate,  both  in  law  and  eqiiity,  in  poses- 


DBBTOK  AJfD   CREDITOE.  ■  213 

sion,  reversion,  or  remainder,  excepting  from  the  articles  mentioned 
in  his  inventory,  such  articles  of  wearing  apparel  and  bedding,  as  is 
reasonable  and  necessaiy  for  the  said  insolvent  and  liis  family  to  re- 
tain, and  also  his  arms  and  accoutrements.  Dated  the  day  of 
,18      , 

J.  P.  H.,  County  Judge  of  County. 


§  399.  Assignment. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  haA-ing  become 
insolvent,  did,  in  conjunction  with  so  many  of  my  creditors,  residing 
witliin  the  United  States,  whose  debts,  in  good  faith,  amount  to  two- 
thirds  of  all  the  debts  owing  by  me  to  creditors  residing  within  the 
United  States,  present  a  petition  to  the  Hon.  J.  P.  H.,  County  Judge 
of  county :  \^or,  as  the  case  may  he^  praying  for  relief,  pursu- 

ant to  the  provisions  of  the  statute  authorizing  an  insolvent  debtor 
to  be  discharged  from  his  debts ;  whereupon  the  said  Judge  ordered 
notice  to  be  given  to  all  my  creditors  to  show  cause,  if  any  they  had, 
before  him,  at  a  certain  day  and  pl;ice,  why  the  prayer  of  the  peti- 
tioner should  not  be  granted ;  which  notice  was  duly  published :  and 
no  good  cause  appearing  to  the  contrary,  he  being  satisfied  that  the 
proceedings  were  just  and  fair,  and  that  I  had  in  all  tilings  conformed 
to  those  matters  required  by  the  said  statute,  directed  an  assign- 
ment of  all  my  estate  to  be  made  by  me  for  the  benefit  of  all  my 
creditors. 

Now,  therefore,  know  ye,  that  in  conformity  to  the  said  direction, 
I  have  granted,  released,  assigned  and  set  over,  and  by  these  pre- 
sents do  grant,  release,  assign  and  set  over,  unto  J.  K,  of,  (fee,  and 
L.  M.,  of,  (fee,  assignees  nominated  to  receive  the  same,  all  my  estate, 
real  and  personal,  both  in  law  and  equity,  in  possession,  reversion,  or 
remainder,  and  all  books,  vouchers  and  secuiities,  relating  thereto,  to 
hold  the  same  unto  the  said  assignees,  to  and  for  the  use  of  all  my 
creditors. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
day,  of  ,  in  the  year  one  thousand  eight  hundred 

and 

Sealed  and  delivered,  )  A.  B.         [l.  s.] 

'n  presence  of        X 
G.  H. 


§  400.  Aclcnowledgment  of  Assignment. 

State  of  New  York, )  ^  . 
County,  [ 
On  the  day  of  ,  in  the  year  one  thousand  eight 

hundred  and         ,  before  me  came  A.  B.,  to  me  known,  [or,  proven 


214  VBW  clerk's  assistant. 

to  me  by  the  oatli  of  G.  H.,  the  subscribing  witness  to  the  above  as- 
signment,] to  be  the  individual  described  in  and  who  executed  the 
above  [or,  said]  assignment,  and  the  said  A.  B.  acknowledged  that 
he  executed  the  same. 

S.  T.,  Justice  of  the  Peace. 


§  401.   Oath  of  Assignee. 

I,  L.  M.,  having  been  appointed  assignee  of  A.  B.,  an  insolvent 
debtor,  do  swear,  that  I  will  well  and  truly  execute  the  trust  by  that 
appointment  reposed  in  me,  according  to  the  best  of  my  skill  and 
understanding. 

Sworn,  &c.,  [as  in  §  389.]  L.  M. 


§  402.  Notice  of  Assignment,  to  be  inserted  Three  Weeks. 
Pursuant  to  the  provisions  of  the  first  title  of  the  fifth  chapter  of 
the  second  part  of  the  Revised  Statutes,  notice  is  hereby  given,  that 
the  undersigned  have  been  appointed  assignees  of  A.  B.,  an  insolvent 
debtor.  All  persons  indebted  to  the  said  debtor  are  required  to 
render  an  account  of  all  the  debts  and  sums  of  money  owing  by  them 
respectively,  to  the  said  assignees,  by  the  day  of  next, 

at  the  office  of  the  said  L.  M.,  in  the  town  of  ,  and  to  pay 

the  same ;  and  all  persons  having  in  their  possession  any  property  or 
effects  of  the  said  debtor,  are  reqmred  to  deliver  the  same  to  us,  by 
the  day  above  specified.  All  the  creditors  of  the  said  debtor  are 
also  required  to  deliver  their  respective  accounts  and  demands  to  the 
said  L.  M.,  at  his  office  as  aforesaid,  by  the  day  of  next 

Dated  the  day  of  ,  18     . 

J.  K 
L.  M. 


§  403.    Certificate  of  the  Assignees. 

"We  do  certify,  that  A.  B.,  an  insolvent  debtor,  has  this  day  granted, 
conveyed,  assigned  and  delivered,  to  us,  for  the  use  and  benefit  of 
aU  his  creditors,  all  his  estate,  real  and  personal,  both  in  law  and 
equity,  in  possession,  reversion,  or  remainder,  and  all  books,  vouchers 
and  securities,  relating  to  the  same,  except  such  articles  of  wearing 
apparel  and  bedding,  as  are  reasonable  and  necessary  for  the  said 
insolvent  and  his  family  to  retain,  and  also  his  arms  and  accoutre- 
ments. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals, 
this  day  of  ,  in  the  year  one  thousand  eight  hundred 

and 

Exec;ited  in  presence 
RF. 
M.  B. 


of )  J.  K.      [l.  8.] 

\  L.M.    [L.S.] 


DEBTOR   AND    CREDITOR.  215 

§  404.  Affidavit  of  JSxecution  of  Certificate. 
State  of  New  York,  )    g. 
County,  ) 
R  F.,  of,  (fee,  being  duly  sworn,  deposes  and  says,  that  he  did,  ou 
the  day  of  last  past,  [or,  instant,]  see  J.  K.,  of,  tfec, 

and  L.  M.,  of,  <kc.,  to  Wm  personally  known,  sign  and  seal  the  within 
[or,  annexed]  certificate ;  and  that  he,  this  deponent,  subscribed  his 
name  thereto  as  one  of  the  subscribing  witnesses. 

Sworn,  (fee,  [as  in  §  389.]  R.  F. 

§  405.    Certificate  of  Coxnity  Clerk  that  Assignment  has  been 
Recorded. 
State  of  New  York,  )  ^^ . 
County.  )      ' 

I,  P.  v.,  Clerk  of  the  county  of  ,  do  hereby  certify,  that 

the  assignment  made  by  A.  B.,  an  insolvent  debtt)r,  of  all  his  esUite, 
both  in  law  and  equit}',  in  possession,  reversion,  or  remainder,  (ex- 
cept as  is  excepted  by  the  stjitute,)  to  J.  K.,  of,  tfec.,  and  L.  M.,  of, 
(fee,  bearing  date  the  day  of,  <fec.,  luis  been  duly  recoided  in 

my  office. 

In  testimony  whereoC  I  have  hereunto  set  my  liand,  the  day 

of  ,  18     .  P.  V. 


§  406.  Dvicharge.^ 
To  all  to  whom  these  presents  shall  come  or  may  concern :  I,  J. 
P.  H.,  County  Judge  of  County,  [or,  as  the  case  marj  be,^ 

send  greeting:  Wheresis,  A.  B.,  of,  (fee.,  an  insolvent  debtor,  residing 
within  said  county,  did,  in  conjunction  with  so  many  of  his  cre- 
ditors residing  within  the  United  States,  as  have  debts  in  good  faith 
owing  to  them  by  tlie  sfiid  insolvent,  amounting  to  at  least  two-thirds 
of  all  the  debts  owing  by  him  to  creditors  residing  within  the  United 
States,  present  a  petition  to  me,  praying  that  the  estate  of  the  said 
insolvent  mio-ht  be  assio-ned  for  tlie  benefit  of  his  creditors,  and  he 
be  discharged  from  his  debts,  pursuant  to  the  provisions  of  the  sta- 
tute authorizing  an  insolvent  debtor  to  be  discharged  from  his  debts ; 
whereupon  I  ordered  notice  to  be  given  to  all  the  creditors  of  the 
ssiid  insolvent,  to  show  cause,  if  any  they  had,  before  me,  at  a  cer- 
tain time  and  place,  Avhy  an  assignment  of  the  said  insolvent's  estate 
should  not  be  made,  and  he  be  discliarged  from  his  debts ;  proof  of 
the  publication  whereof  hath  been  duly  made.  And  whereas,  it 
satisfactorily  appearing  to  me  that  the  doing-s  on  the  part  of  the 
creditors  Avere  just  and  fair,  and  that  the  said  insolvent  has  con- 
formed in  all  things  to  those  matters  required  of  him  by  the  said 

1  For  the  security  of  the  insolvent,  it  is  well  I  copy  to  he  filed  in  the  County  Clerk's  otTice, 
to  have  the  discharge  signed  in  duplicate;  one  |  and  the  other  retained  in  his  own  possesion. 


216  NEW  clerk's  assistant. 

statute,!  have  directed  an  assignment  to  be  made  by  the  said  insol- 
vent, of  all  liis  estate,  real  and  personal,  both  in  law  and  equity,  in 
possession,  reversion,  or  remainder,  to  J.  K.,  of,  &c.,  and  L.  M.,  of, 
&c.,  assignees  nominated  by  the  creditors  to  receive  the  same ;  and 
the  said  insolvent  having,  on  the  day  of  ,  made  such 

assignment,  and  produced  to  me  a  certificate  thereof,  executed  by 
the  sjiid  assignees,  and  duly  proved;  and  also  a  certificate  of  the 
(Ucrk  of  this  county,  that  such  assignment  is  duly  i-ecorded  in  his 
office :  Now,  therefore,  know  ye,  that  by  virtue  of  the  power  and  au- 
thoi'ity  in  me  vested,  I  do  hereby  discharge  the  said  insolvent  from 
all  his  debts,  pursuant  to  the  provisions  of  the  said  statute. 

In  witness  v/hereof^  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  ,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and 

J.  P.  H.,  County  Judge,  &c.  [l.  s.] 


§  407.  Petition  Under  JVon-Iinprisonment  Act,  after  Action 
CommeTiced. 
To  the  Hon.  C.  P.  D.,  Judge,  &c. ;  \or,  as  the  case  may  beJ] 

The  petition  of  A.  B.,  of  the  town  of  ,  in  the  county  of 

,  res])ectfully  showeth :  That  an  action  has  been  commenced 
against  him  in  a  court  of  record,  in  which,  by  Lhe  provisions  of  the 
act  to  abolish  imprisonment  for  debt,  and  to  punish  fraudulent  debt- 
ors, he  cannot  be  ai-rested  or  imprisoned.  Your  petitioner,  therefore, 
prays,  that  his  property  may  be  assigned,  and  that  he  may  have  the 
benefit  of  tlie  provisions  of  the  said  act ;  and  in  conformity  thereto, 
sets  forth  and  states:  that  the  said  action  is  brought  by  C.  D.,  in  the 
Supreme  Court  of  the  State  of  New  York,  and  was  commenced  by 
summons,  served  upon  the  said  petitioner  on  the  day  of 

last  past,  [or,  instant,]  and  that  the  following  is  a  just 
and  true  account  of  all  his  estate,  real  and  personal,  in  law  and 
equity,  and  of  all  the  charges  affecting  the  same,  as  the  same  exist  at 
the  time  of  preparing  tliis  petition,  according  to  the  best  of  his  know- 
ledge and  behef,  to  wit :  Real  estate  [describe  the  same,  if  any;  if 
otherwise,  say:  None:]  Personal  estate,  one  span  of  horses,  <&c., 
&c. :  The  charges  affecting  the  same  are  as  follows,  to  wit :  a  chattel 
mortgage  executed  by  the  said  A.  B.,  to  L.  M.,  of,  &c.,  on  the 
day  of  ,  1 8     ,  for  the  purpose  of  securing  the  payment  of 

the  sum  of  dollars,  due  and  owing  to  the  said  K  M.,  by  the 

said  A,  B. :  His  necessary  wearing  apparel,  bedding  and  furniture, 
for  himself  and  family,  his  arms  and  accoutrements,  and  other  arti- 
cles, exempt  by  law  from  execution,  are  as  follows,  to  wit:  [specify 
the  articles:']  and  his  tools,  or  instruments  of  his  trade,  necessarj'  to 
the  carrying  on  of  the  same,  not  exceeding  twenty-five  dollars  in 
value,  are  as  follows,  to  wit :  [specify  the  articles.l 


DEBTOR  AND  CEEDITOE.  217 

And  your  petitioner  further  states,  that  the  following  is  a  just  and 
true  account  of  the  deeds,  securities,  books  and  writings,  whatsoever, 
relating  to  the  said  estate,  and  the  charges  thereon,  and  the  names, 
and  places  of  abode  of  the  witnesses  to  such  deeds,  securities,  and 
writings,  according  to  the  best  of  his  knowledge  and  behef,  to  wit: 
[state  the  details  :'\  and  that  there  is  no  other  account  of  any  real 
estate,  or  personal  estate,  in  law  or  equity,  or  any  other  chaiges 
affecting  the  same,  as  the  same  estate  exists  at  the  time  of  preparing 
this  petition;  nor  any  other  deeds,  securities,  books,  or  writings, 
whatsoever,  relating  to  the  same ;  nor  any  other  names,  or  places  of 
abode,  of  any  witnesses  to  such  deeds,  securities,  or  writings,  so  far 
feet  forth,  as  his  knowledge  extends  concerning  the  same. 

Dated  the  day  of  ,  18     . 

A.  B.,  Defendant 


§  408.  Affidavit  of  Petitioner,  to  be  endorsed  on  the  Petition. 

I,  the  within  named  petitioner,  do  swear:  That  the  within  peti- 
tion, and  the  account  of  my  estate,  and  of  the  charges  thereon,  are 
in  all  respects  just  and  true ;  and  that  I  have  not,  at  any  time,  or  in 
any  manner,  disposed  of  or  made  over  any  part  of  my  property,  with 
a  \iew  to  the  future  benefit  of  myself  or  my  family ;  or  with  an 
intent  to  injure  or  defraud  any  of  my  creditors.  A.  B. 

Sworn  to,  (kc,  [as  in  §  389.] 


§  409.  Notice  of  Presenting  Petition, 

Supreme  Coiirt, 

CD. 

against 

A.  B. 

Sir:  Please  to  take  notice  that  the  within  is  a  true  copy  of  a  peti- 
tion, with  an  account  of  my  creditors,  and  an  inventory  of  my  estate 
thereunto  annexed,  which  I  intend  to  present  to  the  Hon.  J.  P.  H., 
Ac,  at  liis  office  in  the  town  of  ,  on  the  day  of 

,18     ,  at  o'clock  in  the  noon,  or  as  soon  there- 

after as  the  same  can  be  heard.  Yours,  &c. 


To  C.  D.,  [or,  A.  W.,  attorney  of] 

the  plaintiff  in  the  above  suit 


A.  B.,  Defendant 


218  NEW  clerk's  assistant. 

§  410.  Affickivit  of  Service  of  Notice. 
Supreme  Court, 
C.  D.  J 

against         >  County,  ss: 

A.  B.  ) 

0.  P.,  of  the  said  county,  being  duly  sworn,  doth  depose  and  say, 
that  on  the  day  of  last  past,  [or,  instant,]  he,  this  depo- 

nent, served  C.  D.,  of  the  town  of  ,  the  plaintiff  in  this 

cause,  Avith  a  notice  of  the  above  named  defendant's  intention  of 
presenting  the  within  petition  to  the  Hon.  J.  P.  H.,  <kc.,  [or,  as  the 
cat,e  may  he^  o\\  the  day  of  next,  [or,  instant,]  at 

o'clock  in  the  noon  of  the  same  day ;  and  also,  with  a 

true  copy  of  the  account  of  the  said  defendant's  estate  as  within  set 
forth,  by  delivering  the  said  notice  and  accoixnt ;  [state  the  manner 
oj  service,  whether  personal  or  otherwise ;^  and  that  the  notice  and 
account  so  delivered  were  signed  by  the  above  named  defendant  in 
this  cause.  0.  P. 

Sworn,  (fee,  [as  in  §  389.] 


§  411.   Order  for  Assignment. 

Whereas,  A.  B.  did,  on  the  day  of  ,  18      ,  present  a 

petition  to  me  praying  that  his  property  might  be  assigned,  and  that 
he  might  have  the  benefit  of  the  provisions  of  the  act  to  abolish  im- 
prisonment for  debt,  and  to  pimish  fraudulent  debtors;  upon  the 
hearing  of  which,  I,  being  satisfied  that  the  proceedings  on  the  part 
of  the  petitioner  are  just  and  fair,  and  that  he  has  conformed  in  all 
things  to  the  provisions  of  the  said  act,  do  therefore  order  that  an 
assignment  of  all  his  estate  be  made  by  him  to  M.  P.,  of,  &c.,  the 
assignee  appointed  by  me  to  receive  the  same,  excepting  such  arti- 
cles as  are  by  law  exempt  from  execution. 

Dated  the  day  of  ,18 

J.  P.  H.,  County  Judge,  <fec. 


§412.  Assignment. 
Kjiow  all  men  by  these  presents :  That  I,  A.  B.,  of,  (fee,  did  pre- 
sent a  petition  to  the  Hon.  C.  P.  D.,  one  of  the  Judges,  <fec.,  praying 
that  my  property  might  be  assigned,  and  that  I  might  have  the  ben- 
efit of  the  provisions  of  the  act  to  abolish  imprisonment  for  debt; 
whereupon,  such  proceedings  were  had,  that  the  said  Judge,  after 
hearing  the  said  petition,  ordered  that  an  assignment  should  be 
made  by  me  of  all  my  property,  except  such  articles  as  were  by  law 
exempt  from  execution :  Now,  therefore,  know  ye,  that  in  conformity 
to  the  said  order,  I  have  released,  and  by  these  presents  do  grant 


DEBTOR   AND    CREDITOR.  219 

aod  assign,  all  my  estate,  real  and  personal,  both  in  law  and  equity, 
in  possession,  reversion  and  remainder,  and  all  books,  vouchers  and 
securities,  relating  to  the  same,  to  iL  P.,  of,  <fec.,  the  assignee  ap- 
pointed to  receive  the  same,  except  such  articles  as  are  by  law  ex- 
empt from  execution.' 


§  413.    Certificate  of  Assignment. 

I  do  hereby  certify,  that  A.  B.  has  this  day  made  and  delivered  to 
me  an  assignment  of  all  his  property  mentioned  in  the  inventory  ac- 
companjnng  his  petition,  pursuant  to  an  order  made  by  the  Hon.  C 
P.  D.,  one  of  the  Judges,  &c.,  and  that  all  the  property  specified  in 
said  inventory  has  been  delivered  to  me. 

In  witness,  &c.,  [as  in  §  403.  ]' 


§  414.  Discharge. 
To  all  to  whom  these  presents  shall  come :  I,  C.  P.  D.,  one  of 
the  Judges,  &c.,  send  greeting:  Whereas,  A.  B.,  against  whom  an 
action  has  been  commenced  in  a  court  of  record,  in  which  action  by 
the  provisions  of  the  act  to  abolish  imprisonment  for  debt,  and  tc 
punish  fraudulent  debtors,  he  cannot  be  arrested  or  imprisoned,  did 
present  a  petition  to  me,  praying  that  his  property  might  be  assigned 
and  that  he  might  have  the  benefit  of  the  said  act;  which  petition 
contained  an  account  of  his  creditors,  and  an  inventor)'^  of  his  estate, 
verified  by  an  affidavit  thereunto  annexed,  subscribed  by  him,  and 
duly  sworn  to  before  me.  He  also  produced  satisfactory  proof  that 
a  copy  of  the  said  petition,  account  and  inventory,  had  been  served 
on  the  creditors  in  the  said  petition  named,  with  notice  of  the  time 
and  place  of  presenting  the  same  to  me,  as  required  by  law ;  and  I 
bebg  satisfied,  on  hearing  the  petition,  that  the  proceedings  on  the 
part  of  the  petitioner  were  just  and  fair,  and  that  he  had  conformed 
to  the  provisions  of  the  said  act,  ordered  that  the  said  petitioner  make 
an  assignment  of  all  his  property,  except  such  articles  as  are  by 
law  exempt  from  execution,  to  JSL  P.,  of,  &c.,  the  assignee  appointed 
by  me ;  and  the  said  petitioner  having  made  such  assignment,  and 
produced  evidence  that  the  assignment  so  made  was  recorded  in  the 
office  of  the  Clerk  of  this  county,  and  also  produced  a  certificate  of 
the  assignee  that  the  property  of  the  petitioner,  specified  in  his  in- 
ventor)', had  been  deUvered  to  the  said  assignee :  Now,  therefore, 
know  ye,  that  by  virtue  of  the  power  and  authority  in  me  vested, 
and  in  pursuance  of  the  provisions  of  the  said  act,  I  do  grant  this 


.  .*Jf°'  ^^  '^°'™  "'^  acknowledgment,  aea  I     •  Foi  Affidarit  of  Ezecation,  m«  6  401 
1 400  i  cod  MruficAte  of  Clerk,  a«e  ^  405.        |  -<        « 


t29  ssw  olsrk's  assistant. 

discharge,  to  exonerate  the  said  petitioner  from  being  proceeded 
against  by  any  creditor  entitled  to  a  di^^dend  of  his  estate. 

Given  under  my  hand  and  seal,  the  day  of  ,  one 

thousand  eight  hundred  and 

C.  P.  D.,  Judge  o^  (fee. 


§415.  Affidavit  of  Person  applying  for  the  Appointment  of  Trus- 
tees for  estate  of  Debtor  confined  for  Crime;  to  Accom- 
pany the    Copy  of  the  Sentence,  and  Certificate  of  the 
Clerk. 
State  of  New  York,  ) 
County,  J 
A.  B.,  of  said  county,  being  duly  sworn,  says,  that  C  D.,  the  per- 
son named  in  the  annexed  [or,  within]  copy  of  sentence  of  convic- 
tion, is  now  actually  imprisoned  in  the  State  prison  at  ,  \or, 
in  the  penitentiary  of,   &c. ;    or,  the   county  jail  of  the  county  of 
., ,]  in  the  State  of  New  York,  under  and  in  pursuance  of 
the  said  sentence  of  conviction ;  and  that  the  said  C.  D.  is  indebted 
to  this  deponent  [or,  to  L.  M.,  of,  (fee]  in  the  sum  of                dollars, 
on  account,  [or,  as  the  case  may  ie,]  for  goods,  wares  and  merchan- 
dise, sold  and  delivered  to  the  said  C.  D.,  by  this  deponent,  [or, 
by  the  said  L.  M. ;]  and  this  deponent  therefore  makes  appUcation 
for  the  appointment  of  Trustees  of  the  estate  of  the  said  C.  D.,  ac- 
cording to  the  statute.                                                            A.  B. 
Sworn,  (fee,  [as  in  §  389.] 


§  416.  Appointment  of  Trustees,  on  the  Foregoing  Affidavit  and 

Application? 
By  the  Hon.  D.  P.,  one  of  the  Justices  of  the  Supreme  Court  of 
the  State  of  New  York;  [or,  as  the  case  may  be,'\  Whereas,  A.  B., 
a  creditor  [or,  a  relative]  of  C.  D.,  [or,  a  relative  of  M.  D.,  wife  of 
C  D.,]  a  debtor  confined  for  crime,  did,  on  the  day  of 

last  past,  [or,  instant,]  make  application  to  me  for  the  appointment 
of  Trustees  to  take  charge  of  the  estate  of  the  said  C.  D. ;  and  did 
also  produce  a  copy  of  the  sentence  of  conviction  of  the  said  C.  D., 
duly  certified  by  P.  V.,  Esq.,  Clerk  of  the  Court  of  [specify  the 
court  before  which  the convictionwciS had,'\\mdtx  his  seal  of  office,  by 
which  said  court  of         the  said  sentence  of  couTiction  was  passed; 


>  The  Trustees  appointed  to  take  charge  of  the  estate  of  a  debtor  confined  for  crime,  have 
the  same  rights  and  powers  as  Trustees  of  the  estates  of  absconding  debtors.  From  the 
time  of  their  appointment,  the  real  and  personal  estate  of  the  debtor  is  vested  in  t)ieni ;  and 
they  are  clothed  with  full  power  to  sue  for  and  collect  all  demands,  to  sell  and  dispose  of 
tha  property  of  the  debtor,  and  apply  the  proceeds  in  payment  of  his  debts.  Before  pro- 
ceeding to  the  discharge  of  their  duties,  it  is  necessary  to  lake  and  subscribe  the  oath, 
(i  417,)  which  must  be  tiled  with  the  officer  appointing  them. 


DEBTOR   AND   CREDITOR.  221 

together  -witla  an  affidavit  of  the  said  A.  B.,  that  the  said  C.  D.  is 
actually  imprisoned  under  the  said  sentence,  and  is  indebted  to  the 
the  said  A.  B.,  [or,  to  L.  M.,]  of,  &c.,  in  the  sum  of  dollars : 

Now,  therefore,  I,  the  said  Justice,  as  aforesaid,  do,  in  pursuance  of 
the  authority  to  me  given  by  the  statute  concerning  "Attachments 
against  debtors  confined  for  crimes,"  appoint  M.  N.  and  0.  P.,  two 
fit  persons,  to  be  Trustees  of  the  estate  of  the  said  C.  D.,  with  such 
powers  concerning  the  estate  of  the  said  C.  D.,  as  are  conferred  by 
the  said  statute. 

Given  under  my  hand  and  seal,  this  day  of,  &c. 

D.  P.  [l.  s.] 


§  417,   Oath  of  Trustees  of  the  Estates  of  Debtors. 

We,  M.  K  and  0.  P.,  appointed  Trustees  of  the  estate  of  C.  D., 
a  debtor  confined  for  crime,  [or,  as  the  case  may  Je,]  do  swear,  and 
each  for  himself  doth  swear,  that  he  will  well  and  truly  execute  ^he 
trust,  by  his  appointment  reposed  in  him,  according  to  the  best  of 
his  skiU  and  understanding.  M.  N 

Sworn,  &c.,  [as  in  §  389.]  0.  P 


CHAPTER  XVI. 
DOWEE, 

PRACTICAL    REMARKS. 

1.  A  widow  is  entitled  to  dower  of  the  third  part  of  all  landa 
whereof  her  husband  was  seized  of  an  estate  of  inheritance,  at  any- 
time during  the  maniage.  In  case  of  divorce,  for  misconduct  of  the 
wife,  dower  is  forfeited ;  it  is  also  barred  by  a  pecuniary  provision, 
made  for  the  benefit  of  an  intended  wife,  and  in  heu  of  dower,  if 
assented  to  by  her ;  and  where  an  estate  in  lands  is  conveyed  to  a 
person  and  his  intended  wife,  for  the  purpose  of  creating  a  jointure 
for  her,  with  her  assent,  to  be  signified  by  becoming  a  party  to  the 
conveyance ;  or,  if  an  jnfant,  by  joining  with  her  father  or  guardian, 
in  such  conveyance ;  such  jointure  will  be  a  bar  to  any  right  or  claim 
of  dower,  in  any  lands  of  the  husband.  So  also  a  devise,  or  legacy, 
in  lieu  of  dower,  which  is  accepted,  is  a  good  bar.^ 

2.  A  testamentary  provision  in  favor  of  a  wife,  where  the  inten- 
tion of  the  testator  is  doubtful,  may  be  accepted  without  forfeiting 
dower.' 

3.  Where  a  mortgage  of  lands  is  executed  by  the  husband  before 
marriage,  unless  it  be  for  the  purchase  money,  the  widow  is  entitled 
to  dower  as  against  aU  persons  except  the  mortgagee  and  those  claim- 
ing under  him ;  if  a  mortgage  be  executed  after  marriage,  for  the 
purchase  money,  the  A\idow  will  not  be  entitled  to  dower  as  against 
the  mortgagee  or  those  claiming  under  him,  except  that  where  the 
premises  are  sold  by  virtue  of  the  mortgage,  after  the  death  of  the 
husband,  and  there  be  surplus  moneys  left  after  satisfying  the  mort- 
gage, she  will  be  entitled  to  the  interest  or  income  of  one-third  of 
such  surplus  during  her  life.^ 

I  2R.  S.  (3de(l.)26,  §1;  Id.,27,§58— 11;     |        a  2  Denio,  430. 
1  Johnson,  307  ;  10  Id.,  30;  7  Cowen.  2S7 ;  10  »  2  R.  S.  (3d  ed.)  26,  §5  4,5;  Id.,27,§  6 

Wendell,  486  ;  11  Id.,  092  :  16  Id.,  61  ;  24  Id.,        1  Barbour's  S.  C.  Rep.,  m 
193 ;  3  Hill,  95  ;  6  Id.,  482 ;  1  Paige,  634  ;  2    | 
ii.,&59;  7  Id.,  259. 


DOWER. 


iiS 


4.  A  widow  is  not  entitled  to  dower  in  lands  conveyed  to  her  hus- 
band by  way  of  mortgage,  unless  he  acquire  an  absolute  estate  there- 
in, during  the  marriage.' 

5.  A  woman  who  has  obtained  a  divorce  a  vinculo  matrimonii,  for 
the  adultery  of  her  husband,  is  not  entitled  to  dower  in  his  real  es- 
tate, after  his  death.^ 

6.  No  act  of  the  husband  alone  subsequent  to  marriage,  will  afifect 
the  right  of  dower  of  his  widow,  but  subsisting  liens  or  incumbrances 
have  the  preference  over  her  right' 

7.  Where  a  husband  exchanges  lands,  in  which  he  is  seized  of  an 
estate  of  inheritance,  for  other  lands,  his  widow  is  not  entitled  to  dower 
in  both,  but  must  make  her  election  in  one  year ;  otherwise,  it  will  be 
presumed  that  she  elects  to  take  her  dower  of  the  lands  received  in 
exchange.* 

8.  The  widow  of  any  alien,  who,  at  the  time  of  his  death,  was 
entitled  to  hold  any  real  estate,  if  she  be  an  inhabitant  of  this  State 
at  the  time  of  such  death,  is  entitled  to  dower  of  such  real  estate.* 

9.  Any  woman,  being  an  alien,  who  has  married,  or  may  marry, 
a  citizen  of  the  United  States,  will  be  entitled  to  dower  in  the  real 
estate  of  her  husband  within  this  State,  in  the  same  manner  as  if  she 
were  a  citizen  of  the  United  States.* 

10.  In  a  doubtful  case,  where  the  right  to  dower  depends  upon 
the  possession  of  the  husband,  the  actual  possession  must  be  shown, 
and  it  must  appear  that  he  claimed  to  be  the  owner  of  the  premises, 
and  exercised  acts  of  ownership.' 

11.  A  married  woman  under  the  age  of  twenty-one  years,  cannot 
bind  herself  by  deed  so  as  to  bar  her  right  of  dower.* 

12.  A  widow  of  a  mortgagor  is  dowable  of  the  equity  of  redemp- 
tion, except  where  the  time  of  redemption  is  past  before  the  marriage 
takes  place.' 

1 3.  Where  lands  have  been  alienated  by  the  husband,  in  his  life- 
time, the  Avidow  is  entitled  to  so  much  as  shall  be  equal  in  value  to 
one-third  of  the  value  of  the  lands  at  the  time  of  the  conveyance  by 
the  husband,'" 

14.  A  widow  may  release  her  right  of  dower,  but  she  cannot  con- 
vey or  assign  the  same,  before  the  assignment  be  made.  The  heirs 
or  owners  may,  on  the  other  hand,  assign  her  dower,  without  insti- 
tuting any  legal  proceeding-s.'' 


>  2R.  S.  (3ded.)  27,  §  7. 

»  4  Barbour's  S.  C.  Rep.,  192. 

•3  Barbour's  S.  C.  Rep.,  319. 

«2R.  S.  (3d.  ed.)2G,  §,3. 

•2  R.  S.  {3d.  ed.)  26, 52;  1  Johnson's  Cas., 
27;  1  Cowen,  89;  12  Wendell,  66;  4  K«m's 
CoMimentaries,  (2d  ed.)  36. 

•  Laws  of  184S,  chap.  llS- 


7  5  Cowen,  301;  17  Wendell,  164;  2  Hil!, 
303,  Ml. 

*  I  Barbour's  S.  C.  Rep.,  399. 

»  6  Cowen,  316;  14  Wendell,  233;  19  Id., 
162;  4  Kent's  Commentaries, (2d  ed.)  44,  45. 

>•  2  Johnson,  4!>4;  Hid,  51;  13  Id.,  179: 
10  Wendell,  4S5;  4  Kent's  Comm«ntarie8,(2d 
ed.)  64. 70. 

>i  1  BartMur's  S.  C.  Rep.,  399;  3 14.,  319. 


t24  KBw  clerk's  assistant. 

15.  Any  Tvidow  who  shall  not  have  had  her  dower  assigned  to  her, 
wiihin  forty  days  after  the  decease  of  her  husband,  may  apply  by 
petition,  to  the  Supreme  Court,  or  the  County  Court  of  the  county 
in  which  the  lands  lie,  or  to  the  Surrogate  of  the  same  county,  for 
the  admeasurement  of  her  dower.  A  copy  of  such  petition,  with  no- 
tice of  the  time  and  place  when  it  will  be  presented,  must  be  served, 
at  least  twenty  days  previous  to  its  presentation,  upon  the  heirs  of  the 
husband,  or  upon  the  owners  of  the  land  subject  to  dower,  claiming  a 
freehold  estate  therein ;  or  upon  the  guardians  of  such  heirs,  or  ownr 
ers,  as  are  minors.  Such  notice  may  be  served  personally :  or,  in 
case  of  the  temporary  absence  of  the  party  to  be  served,  by  leaving 
the  same  with  any  person  of  proper  age,  at  the  last  residence  of  such, 
party.  If  any  heu-  or  owner  reside  out  of  the  State,  the  notice  may 
be  served  upon  the  tenant  occupying  the  lands;  or,  if  there  be  no 
tenant,  by  publishing  the  same  for  three  weeks  successively,  in  some 
newspaper  printed  in  the  county  where  such  lands  are  situated.* 

16.  The  Court  or  Surrogate  may,  on  application,  appoint  guardians 
for  minors,  if  necessary ;  and  notice  of  the  application  must  be  ser- 
ved on  the  guardian,  whether  the   infant  reside  in  this  State  or  not.' 

1 7.  After  the  expiration  of  forty  days  from  the  death  of  the  hus- 
band, liis  heirs,  or  the  owners  of  land  subject  to  dower,  may,  by 
notice  m  Avriting,  require  the  Avidow  to  make  demand  of  her  dower, 
within  ninety  days  after  the  service  of  such  notice.  If  this  notice 
be  disregarded,  and  no  proceedings  be  instituted  by  the  widow  for 
the  recovery  of  her  dower ;  or  if  no  such  proceedings  be  had  with- 
in one  year  after  the  husband's  death,  where  no  notice  has  been 
given ;  the  heirs  or  owners,  as  aforesaid,  may  apply,  by  petition,  for 
the  admeasurement  of  her  dower,  to  the  Supreme  Court,  County 
Court,  or  Surrogate.  A  copy  of  such  petition,  with  notice  of  the 
time  and  place  of  its  presentation,  must  be  personally  served  on  the 
widow,  twenty  days  before  the  presentation.* 

18.  Upon  such  application  being  made,  either  by  a  widow,  or  by 
an  heir  or  owner,  or  by  the  guardian  of  such  heir  or  owner,  the 
Court,  or  the  Surrogate,  to  whom  the  same  is  made,  may  order  an 
admeasurement  of  the  widow's  dower ;  and  shall  thereupon  appoint 
three  reputable  and  disinterested  freeholders,  as  conumssioners  for 
the  purpose  of  making  such  admeasurement  After  taking  the  re- 
quired oath,  the  commissioners  so  appointed  will  proceed  to  admea- 
sure and  lay  oflF  the  one-third  part  of  the  lands  embraced  in  the 
order,  as  the  dower  of  the  widow,  designating  such  part  with  posts, 
stones,  or  other  permanent  monuments.  In  making  such  apportion- 
ment, the  commissioners  must  take  into  consideration  any  permanent 


1  2  R.  S.  (3d  ed.)  582,  §5  1-3;  Laws  of  1&19,  I  a  2  R.  S.  (3d  ed.)  583,  §5  4, 5. 
ehap.  438,  Part  I,  title  iv,  §  30,  sub.  4:  4  Wen-  »  2  R.  S.  (3d  ed.)  583,  §§  &-8. 
dbll,630;  12Id.,138.  I 


DOWER.  225 

improvements  made  sini>e  ihc  death  of  tlie  husband,  by  any  heir, 
owner,  or  guardian;  and,  if  practicable,  award  such  improvements 
within  that  part  of  tlie  hinds  not  allotted  to  the  widow ;  and  if  not 
practicable,  they  shall  make  a  proportionate  reduction  therefor,  from 
the  lands  so  allotted  to  her.  The  commissioners  are  also  required  to 
make  a  full  and  ample  report  of  their  doings,  to  the  Court  or  Surro- 
gate appointing  them;  in  which  report,  the  quantity,  courses,  dis- 
t;mccs,  posts,  stones  and  other  permanent  monuments,  of  the 
premises,  must  be  particularly  described  and  set  forth.  Tlicy  may 
employ  a  surveyor,  with  necessary  assistants,  to  aid  them  in  the 
admeasurement.* 

19.  Within  thirty  days  after  the  confirmation  of  the  admeasure- 
ment by  a  County  Court,  or  Surrogate,  any  party  aggrieved  may 
appeal  to  the  Supreme  Court,  on  giving  a  bond,  to  be  approved  by 
the  County  Judge,  or  Surrogate,  in  the  penal  sum  of  one  hundred 
dollars;  and  the  Supreme  Court  shall  then  proceed  to  hear  and  de- 
termine the  said  appeal,  and  to  renew  all  the  proceedings  upon  the 
application,  and  do  therein  what  shall  be  just," 

20.  Real  estate  assigned  to  a  widow  as  doAver  cannot  be  sold  un- 
der the  order  of  a  Surrogate,  for  the  payment  of  debts  owing  by 
her  deceased  husband,* 


FORMS. 

§  418.  Assignment  of  Dower. 
This  indenture,  made  the  day  of,  (fcc,  between  R.  B.,  son 

and  heir  of  A.  B.,  late  of,  ifec,  of  the  oue  part,  and  M.  B.,  who  is 
the  widow  of  the  said  A.  B.,  [or,  C.  D.,  and  M.,  his  wife,  (late  M. 
B.,)  who  was  the  widow  of  the  said  A.  B.,]  of  the  other  part: 
Wherciis,  the  said  A.  B.  was,  in  liis  lifetime,  and  at  the  time  of  his 
death,  seized  in  his  demesne,  as  of  fee,  of  and  in  divers  lands  and 
tenements  in  ,  in  the  county  aforesaid,  which,  upon  the  de- 

cesuse  of  the  said  A.  B.,  descended  unto  the  said  R.  B. :  Now,  there- 
fore, this  indenture  witnesseth,  that  the  said  R.  B.  hath  endowed  and 
assigned,  and  by  these  presents  doth  endow  and  assign,  unto  the  said 
M.  B.,  [or,  as  aforesaid,]  the  third  part  of  the  said  lands  and  tene- 
ments, to  wit:  [descriptio7i:'j  To  have  and  to  hold  tlie  said  premises 
unto  the  said  M.  B.,  [or,  as  aforescid,]  for  and  during  the  natural  life 


>  2  R.  S.  (3(1  ed.)  683,  5*1,  §§  9-17;  1  Cow-  I      »  2  R.  S.  (3d  ed.)  585,  686,  §5  18-27;  2  Hill, 
en.  476;  4  Wendell,  630;  8  Id.,  46U;  10  Id.,    514.  .       .  i>  .  -i 

4tW;  2  IIUl,  &14.  I      s  2  Comstock,  015. 

10 


f2(S  MEW  clerk's  assistant. 

of  the  said  M.,  in  severalty,  by  metes  and  bounds,  in  tbe  name  of 
dower,  and  in  recompense  and  satisfaction  of  all  the  dower  which  the 
said  M.  ought  to  have,  of  or  in  the  said  lands  and  tenements  which 
were  of  the  said  A.  B.,  in  ,  aforesaid. 

In  witness  whereof,  the  said  R.  B.  hath  hereunto  set  his  hand  and 
seal,  the  day  of  ,  in  the  year  eighteen  hundred 

and 

Sealed,  signed  and  delivered,  )  R.  B.     [l.  s.] 

in  presence  of  ) 

G.  H. 


§  419.  Release  of  Dower  to  the  Heir. 

Know  all  men,  &c. :  That  I,  M.  B.,  &c.,  rohct  of  A.  B.,  late  of, 
(fee,  as  well  for  and  in  consideration  of  the  sum  of  dollars, 

to  me  paid,  by  my  son,  R  B.  of,  &c.,  as  for  the  love  and  affection 
which  I  have  to  my  said  son,  have  granted,  remised,  released,  and 
forever  quit-claimed,  and  by  these  presents  do  grant,  remise,  release 
and  quit-claim,  imto  the  said  R.  B.,  his  heirs  and  assigns,  forever, 
all  the  dower  and  thirds,  right  and  title  of  dower  and  thirds,  and  all 
other  right,  title,  interest,  property,  claim  and  demand,  whatsoever, 
in  law  and  in  equity,  of  me,  the  said  M.  B.,  of,  in  and  to,  [descrip- 
tion;^ so  that  neither  I,  the  said  M.  B.,  my  heirs,  executors,  or 
administrators,  nor  any  other  person  or  persons,  for  me,  them,  or  any 
of  them,  shall  have,  claim,  challenge,  or  demand,  or  pretend  to  have, 
claim,  challenge,  or  demand,  any  dower  or  thirds,  or  any  other  right, 
title,  claim,  or  demand,  of,  in,  or  to,  the  said  premises,  but  thereof 
and  therefrom  shall  be  utterly  debarred  and  excluded  forever,  by 
these  presents. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
day  of,  &c.,  [a^  in  §  418.] 


§  420.  Petition  for  Dower. 
To  the  Supreme  Court  of  the  State  of  New  York:    \or,   To  the 
County  Court  of  the  County  of,  &c. ;  or.  To  the  Surrogate  of 
the  County  of  :]* 

The  petition  of  M.  B.,  of,  &c.,  widow  of  A.  B.,  of,  &c.,  deceased, 
respectfully  showeth.  that  her  said  husband  died  on  the  day 

of  ,18       ,  at,  &c.,  leaving  an  estate  in  fee  belonging  to  him 

when  he  died,  in  and  to  [describe  the  real  estate  f\  that  she  has  not 
had  her  dower  therein  assigned  to  her,  witliin  forty  days  after  the 
decease  of  her  said  husband,  nor  at  any  time  since.  Wherefore,  she 
respectfully  applies  to  this  honorable  Court,  [or,  to  the  said  Surro- 
gate] for  the  admeasurement  of  her  said  dower.     Dated,  <fec. 

M.  K 
B.  F.  H.,  Attorney. 


DOWint: 


m 


§  421.  Notice  to  he  Annexed  to  Petition. 
To  [fAS^i  jhe  names  of  the  heirs  or  owners-] 

Pleaso  »ake  notice,  tliat  a  petition  of  which  the  above  is  a  copy, 
■will  be  prtvwented  to  \iiame  the  Court  or  Surrogate,]  on  the 
day  of  ,18       ,  at,  (fee,  and  that  a  motion  will  then  and  there 

be  made  to  ifrant  the  same.     Dated,  <fec 

M.  R 
R.  F.,  Auorney. 


§  422.  Noiice  hy  Heirs  or  Owners,  if  Widow  does  not  apply. 

To  M.  B.,  widoTV  of,  «fec. :  \or  if  she  has  a  second  husband,  address. i. 
to  both:] 
Please  take  iiotice,  that  the  subscribers,  who,  as  heirs  of  A.  B., 
deceased,  [or,  aa  owners,]  claim  a  freehold  estate  in  and  to  the  fol- 
lowing real  estait,  [description,]  require  you  to  demand  your  dower 
therein,  within  nn»^ty  days  after  the  service  of  this  notice.  Datedi 
&c.  [Signatures.] 


§  i23.  Petition  by  Heirs  or  Owners. 
To,  (fee,  [as  in  §  420,  to  the  *,  and  then  continue  as  follows :] 

The  petition  orj  &c.,  [^naming  the  heirs,]  heirs  of  A.  B.,  deceased, 
late  of,  (fee,  [or,  owners  of  the  real  estate  hereinafter  mentioned,  foF- 
merly  belonging  to  A.  B.,  of,  (fee.,]  respectfully  showeth :  That  the 
said  A.  B.,  died  on,  (fee,  at,  (fee,  leaving  an  estate  in  fee  belonging  t9 
him  when  he  died,  in  and  to  all,  [descriiytioa;]  in  which  said  pre- 
mises M.  B.,  the  widoAv  of  the  said  A.  B.,  is  entitled  to  dower;  that 
the  said  M.  B.,  has  not  had  her  dower  therein  assigned  to  her  witliin 
ninety  days  after  the  decease  of  her  said  husband,  nor  at  any  time 
since ;  nor  has  she  made  any  application,  or  instituted  anj'  proceed- 
ings, for  the  recovery  of  the  said  dower:  wherefore,  the  undersigned 
petitioners  respectfully  apply  to  this  honorable  Court  [or,  to  the  saicT 
Surrogate]  for  the  admeasurement  of  the  dower  of  the  said  M.  B. 
Dated,  (fee.  [Signatures^ 


§  424.  Order  for  Admeasurement  of  Dower. 
On  liearing  Mr.  D.  W.,  for  M.  B.,  widow  of,  (fee,  and  Mr.  C.  M.,  in 
opposition  thereto,  and  on  reading  and  filing  the  petition  of,  (fee,  and 
the  notice  accompanying  the  same,  and  an  affidavit  of  the  due  ser- 
vice of  the  said  petition  and  notice  on  [name  the  persons;]  tliis  court 
doth  order  admeasurement  to  be  made  of  the  dower  of  the  said  M. 
B.,  in  and  to  [describe  the  lands;]  and  C.  D.,  E.  R,  and  L.  M.,  three 
reputable  and  disinterested  freeholders,  are  hereby  appointed  com- 
missioners for  the  purpose  of  making  the  admeasurement  herein  di- 


228  NEW  clerk's  assistant. 

*-ected,  and  are  required  to  make  report  of  their  proceedings  therein 
to  tliis  court,  with  all  convenient  speed. 

D.  W.,  for  the  widow. 

C.  M.,  in  opposition- 


§  425.    Oath  of  Commissioners. 
We,  C.  D.,  E.  F.,  and  L.  M.,  appointed  commissioners  by  a  rule, 
[or,  order,]  a  copy  Avhereof  is  hereunto  annexed,  do  swear  that  we 
will  faithfully,  honestly  and  impartially,  discharge  the  duty,  and  exe- 
cute the  trust  reposed  in  us  by  the  said  appointment 
Sworn  to,  this         day  of         ,    )  C.  D.,  ^ 

1 8       ,  before  me,  j"  E.  F.,  V  Commissioners, 

G.  H.,  Justice  of  the  Peace.        L.  M.,  \ 


§  426.  Report  of  the   Commissioners. 
lo  {the  Court,  or  Surrogate:!^ 

We,  the  undersigned,  appointed  commissioners,  under  and  by  w- 
tue  of  a  rule,  [or,  order,]  a  copy  whereof  is  hereunto  annexed,  do 
respectfully  report,  that  we  proceeded  to  admeasure  and  lay  ofl',  tis 
speedily  as  possible,  after  the  said  rule  or  order,  the  one-third  part 
of  the  lands  embraced  in  the  order  for  our  appointment,  as  the  dower 
of  M.  B.,  named  therein,  designating  such  part  with  posts,  \or,  with 
stones ;  or,  with  permanent  monuments ;]  and  in  doing  so,  we  took 
into  view  the  permanent  improvements  made  on  the  said  lands  by 
any  heir,  guardian  of  minors,  or  other  owners,  since  the  death  of  the 
husband  of  the  said  M.  B.,  [or,  since  the  alienation  thereof  by  the 
[first]  husband  of  the  said  M.  B.,]  and  we  found  it  [not]  practicable 
to  award  such  improvements  within  that  part  of  the  said  lands  not 
allotted  to  the  said  M.  B. :  [If  not  practicable,  add:  and  therefore 
we  made  from  the  lands  allotted  to  the  said  M.  B.,  a  deduction  pro- 
portionate to  the  benefit  she  will  derive  from  such  part  of  the  said 
improvements  as  is  included  in  the  portion  assigned  to  her.]  We  fur- 
ther report,  that  we  employed  0.  P.,  a  sworn  and  skillful  surveyor, 
with  necessary  assistants,  to  aid  us  in  making  the  said  admeasure- 
ment; and  we  further  report,  that  [insert  a  full  and  ample  statement 
of  the  2i^ocecdings,  tvith  the  qucdity,  courses  and  distances,  of  the 
land  admeasured  aud  allotted  to  the  widoiv,  a  description  of  the  2J0sis, 
stones,  or  other  permanent  monuments  thereof,  and  the  items  of  the 
commissioners^  charges^ 

Given  under  our  hands,  at,  (fee,  on,  (fee. 

[Signatures  and  seals.'] 


DOWER  229 

§  427.  Appeal  to  Supreme  Court. 
To  [^^t  C-!^^kHty  Court,  or  Surrogate  i\ 

Pleaik9  io  iake  notice,  that  I  hereby  appeal  to  the  Supreme  Court  of 
the  State  of  j^ew  York,  from  [state  the  order  at  largei] 
Dated,  &c. 

M.  B.,  \or,  as  the  ease  may  i«.] 
G.  U.,  Attorney. 


§  428.  Bond  onAppeal. 
Know  all  men  by  these  presents :  That  I,  M.  B.,  of  the  town  of 
in  tho  county  of  ,  and  State  of  New  York,  am  held  and 

firmly  bouna  unto  C.  B.,  of  the  same  place,  in  the  sum  of  one  hun- 
dred dollars,  lawfxd  money  of  the  United  States,  to  be  paid  to  the  said 
C.  B.,  his  executors,  administrators,  or  assigns;  for  Avhich  payment, 
well  and  troly  to  be  made,  I  bind  myself,  my  heirs,  executors  and 
administrators,  firmly  by  these  presents. 

Sealed  Avith  my  seal     Dated  the  day  of  ,  one  thousand 

eiglit  hundred  and 

The  condition  of  tliis  obligation  is  such,  that  if  the  said  M.  B.  shall 
dilligently  prosecute  a  certain  appeal  from  \liere  describe  the  order, 
dc,  a^ypealedfrom;^  and  shall  pay  all  costs  wliich  may  be  adjudged 
by  the  Justices  of  the  Supreme  Court  of  the  State  of  New  York, 
against  the  said  M.  B.,  on  such  appeal,  then  tliis  obligation  to  be  a' old ; 
otherA\ise,  to  remain  in  full  force  and  \irtue. 

Sealed  and  delivered,  )  M.  B.         [l.  s.] 

in  presence  of  \ 

G.  H. 
E.  F. 
The  security  in  this  bond  is  approved.     Dated,  <fec. 

J.  P.  H.,  County  Judge,  &c.,  \or.  Surrogate.] 


CHAPTER  XVn. 
EXCISE. 

PRACTICAL     REMARKS. 

1.  The  Supervisor  of  every  town,  and  the  Justices  of  the  Peace 
resident  therein,  are  Commissioners  of  Excise  for  their  town ;  three 
<A  them,  consisting  of  tlie  Supervisor,  and  and  two  of  the  Justices, 
are  competent  to  execute  the  powers  vested  in  the  board.  If  the 
office  of  Supervisor  be  vacant,  then  any  three  of  the  Justices  rnay 
form  a  board.  If  there  be  not  two  Justices  in  the  town,  tlien  any 
two  Justices  of  a  neighboring  town  may  be  associated  by  the  Super- 
▼i^r  with  him.* 

2.  The  Commissioners  of  Excise  are  to  meet  on  the  first  Monday 
of  May,  in  each  year,  in  their  respective  towns,  and  on  such  otlier 
days  as  the  Supervisor  shall  appoint,  at  such  place  as  shall  be  desig- 
nated by  him;  or,  in  case  his  office  be  vacant,  on  such  other  days, 
and  at  such  places,  as  the  Justices  of  the  Peace  of  the  town  may 
appoint* 

3.  Boards  of  Excise  are  required  to  keep  a  book  of  minutes  of 
their  proceedings,  in  which  shall  be  entered  every  resolution  granting 
a  license  to  any  person ;  wliich  minutes  shall  be  verified  by  their 
signatures,  and  filed  with  the  Town  Clerk  within  five  days.' 

4.  The  Board  of  Excise  of  any  town,  or  city,  has  the  power  to 
grant  licenses  to  keepers  of  inns  and  taverns,  being  residents  of  their 
town,  or  city,  to  sell  strong  and  spirituous  liquors  and  wines,  to  be 
drank  in  their  houses  respectively ;  and  to  grocers,  being  such  resi- 
dents, hcenses  to  sell  such  liquors  or  wines,  not  to  be  drunk,  however, 
in  their  shops,  houses,  out-houses,  or  gardens.* 

5.  Licenses  to  keep  taverns  may  also  be  granted,  without  including 
a  license  to  sell  strong  or  spirituous  liquors,  wines,  or  alcoholic  drinks : 
and  in  all  such  cases  the  restriction  must  be  expressed  on  the  face 
of  the  license.* 


'  1  B.  S.  (3d  ed.,)  852,  §  1 :  1  Johnion,  600 ;  I      »  1  R.  S.  (3d  ed.,)  832,  §  3 ;  1  Hill,  655. 
tJohnsoQ'BCM.  m  ilR.  S.(3iled.,)852,§4;  ISWsndell.aeO. 

•  I  R.  S.  (3U  ed.,)  852,  §  2.  I     »  Laws  of  1M3,  chap.  97. 


SXOISK. 


SSI 


6.  Commissioners  of  excise  are  not  allowed  to  receive  any  fee 
whatsoever,  from  applicants  for  licenses.^ 

7.  Ale  and  strong  beer  are  included  in  the  tenns  "  strong  and 
spirituous  liquors,"  as  used  in  the  Revised  Statutes.' 

8.  Befoie  any  license  can  be  granted,  the  applicant  must  execute 
a  bond  to  the  people  of  this  State,  in  the  penal  sum  of  one  hundred 
and  twenty-five  dollars,  and  with  a  sufficient  surety,  to  be  approved 
by  the  board,  conditioned  as  in  one  of  the  forms  hereinafter  given ; 
which  bond  is  to  be  filed  in  the  office  of  the  Town  Clerk,  within  five 
days  after  the  execution  thereof.  Where  a  license  is  to  be  granted 
to  any  person  to  sell  strong  and  spirituous  liquors  and  wines,  to  be 
drank  in  the  house  of  the  seller,  the  board  must  be  satisfied  tiiat  he 
is  of  good  moral  character;  that  he  is  of  sufficient  ability  to  keep  a 
tavern;  that  he  has  the  necessary  accommodation  for  travelers;  and 
that  a  tavern  is  absolutely  necessary  for  tlie  actual  accommodation 
of  travelers,  at  the  place  where  such  applicant  resides,  or  proposes 
to  keep  the  same;  all  wiiich  must  be  stated  in  every  such  license.^ 

9.  A  board  of  excise,  under  the  laws  now  in  operation,  until  the 
actual  entry  of  a  resolution  to  grant  a  Ucen.se,  have  a  large  discretion 
to  exercise  on  the  subject  of  granting  or  refusing  hcenses,  with  which 
our  courts  wiU  not  interfere.* 

10.  It  is  not  necessary,  where  the  Supervisor  and  two  Justices 
form  a  board  of  excise,  that  all  should  sign  a  hcense;  if  signed  by 
any  two  Commissioners,  at  a  regular  meeting  of  the  board,  the  hcense 
ifi  valid.* 

11.  When  a  hcense  is  duly  granted  and  issued,  it  continues  in 
force,  unless  sooner  revoked,  till  the  day  after  the  first  Monday  in 
May  in  the  succeeding  year.* 

12.  No  person,  who  has  not  at  the  time  a  license  to  keep  a  tavern, 
can  erect,  put  up,  or  keep  up,  any  sign  indicating  that  he  keeps  a 
tiivern,  without  subjecting  himself  to  the  penalty  of  one  dollar  and 
twenty-five  cents  for  every  day  such  sign  shall  be  kept  up.' 

13.  A  person  who  sells  hquor  without  a  hcense,  in  -siolation  of 
the  excise  law,  cannot  recover  payment  for  the  same  of  the  pur- 
chaser.* 

14.  The  sale  of  spirituous  liquors,  or  intoxicating  drinks,  to  any 
Indian  residing  in  the  State  of  New  York,  is  expressly  forbidden  by 
the  laws  thereof;  and  any  person  violating  the  same  is  guilty  of  a 
misdemeanor,  and  liable  to  be  punished  by  fine  and  imprisonment.* 


»  Laws  of  lSi3,  chap.  97. 

»  3  »enio,  43. 

»  1  R.S.  (3aed..)%3,  ^^7,8;  Id., 864,  §  15; 
14  Johnson,  231  ;  8  Cowen.  130;  1  Hill,  6.'w. 

MR  S.  (3(1  ed  .)  853,  §  4  ;  15  Wendell, 
960  ;   I  Hill,  6«>6  ;  1  Deaie,  SIO. 


'  I  Johnson,  500. 

6  1    R.   S.    (3(i  cd  ,)  era,  §  C;  11  Johnson, 
179;  2  Johnson's  Ca>i.,  340;  1  Denio,  149. 
1  Laws  of  1843,  chap.  97. 

•  3  Doiiio.  iisC. 

•  Laws  of  liai,  ebap.  420. 


282 


KEW   clerk's   ASSISTAinr. 


FORMS. 

§  429.  Notice  of  Supervisor  for  Special  Meeting  of  t?ie  Commis 
sioners  of  Excise} 
To  H.  R  F.,  Esq.,  one  of  the  Justices  of  the  Peace  of  the  to\rD 

of  : 

Yo\i  are  hereby  notified,  that  a  meeting  of  the  Commissioners  of 
f  xcise  of  said  town,  will  be  held  at  my  office,  \or,  at  the  house  of  H 
C,]  on  the  day  of  instant,  at  ten  o'clock  in  the 

forenoon,  for  the  pui'pose  of  acting  uj>on  such  business  as  may  be 
Drought  before  them.     Dated  ,  July  10,  1847. 

Yours,  (fee,  E.  W.,  Super\'isor. 


§  430.  Form  of  Mirmtes  of  Board  of  Excise. 
At  a  meeting  of  the  Commissionei-s  of  excise  of  the  town  of  , 

in  the  county  of  ,  held  on  the  day  of  , 

18     :  Present  A.  B.,  Supervisor  of  the  town. 

q'  m  '  [■  Justices  of  the  said  town. 

Mesolved,  That  licenses  be  granted  to  the  following  persons,  to 
retail  strong  and  spirituous  liquors  and  wines ;  and  that  the  sum  to 
be  paid  tor  each  license,  De  the  sum  put  opposite  the  name  of  such 
person,  to  wit : 

L.  M.,  as  a  Tavern  Keeper. 
0.  P.,  as  a  Grocer. 
yinsert  the  sums  opposite  each  nameJ] 
Resolved,  That  licenses  be  granted  to  the  following  persons  to  keep 
taverns,  under  the  provisions  of  the  act  entitled  "  An  act  authorizing 
licenses  to  keep  taverns,  without  including  a  license  to  sell  spirits, 
iind  to  abolish  fees  for  the  same,"  passed  April  12,  1843,  to  wit: 

C.  D.,  as  a  Tavern  Keeper. 
E.  F.,  do.        do. 

In  witness  whereof,  we,  the  said  Commissioners,  have  hereunto 
aubscribed  our  names,  the  day  and  year  above  written. 

A.  B.,  Supervisor. 

0 '     7      >■  Justices. 
(EC,  (fee,  J 


»  In  most  of  the  incorporated  villages  )n 
his  Stale,  the  boards  of  Trustees  are,  ex 
tfficio,  commissioners  of  exi'.ise  Special 
dnectings  are  called  by  the  President  of  the 
eoard,  and  the  proceedings  are  conducted  in 


the  same  manner  as  in  towns.  The  forms 
herein  given  may  be  readily  made  applicable, 
by  changing  the  official  designation  of  the 
members  of  the  board.  In  cities,  iicena  '  ♦« 
granted  by  the  Mayor*  »Bfi  Aldermen. 


EXCISE.  233 

§  4?1.  License  for  Tavern  Keeper  to  Sell  Spirituous  Liquors. 

We  the  undersigned,  forming  a  board  of  Commissioners  of  excise 
for  the  town  of  ,  in  the  county  of  ,  having  been 

applied  to  by  L.  M.,  a  resident  of  the  said  town,  who  pm-poses  to 
keep  an  inn  or  tavern  at  ,  in  the  said  town  of  ,  for  a 

license  to  sell  strong  and  spirituous  liquors  and  wines,  to  be  drank  in 
his  [or,  her]  hoiise ;  and  bemg  satisfied  that  he  [or,  she]  is  of  good 
moral  character,  and  of  sufficient  abiUty  to  keep  a  tavern,  and  that 
he  [or,  she]  has  the  necessary  accommodations  to  entertain  travellers, 
and  that  a  tavern  is  absolutely  necessary  for  the  actual  accommoda- 
tion of  travellers,  at  the  place  where  he  [or,  she]  purposes  to  keep 
the  same;  and  for  which  he  [or,  she]  has  paid  a  duty  of 
dollars,  determined  by  us ;  we  do  therefore  grant  this  license,  and 
authorize  him  [or,  her]  to  sell  strong  and  spirituous  liquors  and  wines, 
te  be  drank  in  the  inn  or  tavern  to  be  kept  at  the  place  above  men- 
tioned- This  hcense  is  to  be  in  force  until  the  day  after  the  first 
Monday  in  May  next 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  the 
day  of  ,  18       .  A.  B.,  Supenosor. 

L!^&c.,|'^^^^^^^- 

§  432.  Bond  of  Tavern  Keeper,  on  License  to  Sell  Spirituous 
Liquors,  with  Certificate. 

Know  all  men  by  these  presents:  That  we,  L.  M.  and  E,  R,  of, 
(fee,  are  held  and  firmly  bound  unto  the  people  of  the  State  of  New 
York,  in  the  sum  of  one  hundred  and  twenty-five  dollars,  to  be  paid 
to  the  said  people ;  for  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  oui*  and  each  of  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  the  day  of  ,  one 

thousand  eight  hundred  and  .* 

Whereas,  the  said  L.  M.  intends  keeping  an  inn  or  tavern,  at 
,  in  the  town  of  ,  in  said  county  of  ,  and 

has  applied  for  a  Hcense  to  sell  strong  and  spirituous  liquors  and 
wines,  to  be  drank  in  the  said  inn  or  tavern,  to  be  kept  as  aforesaid : 
Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the 
said  L.  M.,  during  the  time  he  shall  keep  an  inn  or  tavern,  will  not 
suffer  it  to  be  disorderly,  or  suffer  any  cock-fighting,  gaming,  or  play- 
ing with  cards  or  dice,  or  keep  any  biUiard  table,  or  other  gaming 
table,  within  the  tavern  by  him  so  kept,  or  in  any  out-house,  yard,  or 
garden,  belonging  thereto,  then  this  obligation  to  be  void ;  else  to  re- 
main in  force. 

Signed,  sealed  and  delivered,  )  L.  M.     [i.  8.1 

in  presence  of  j  E.  F.     Tl.  s.i 

G.  H.  ■* 

<&C.,  (&C. 


2S4  vzvr  olbrk's  assistant. 

We,  the  undersigned,  forming  a  board  of  Commissioners  of  excise 
for  tho  town  aforesaid,  approve  of  the  security  to  the  above  bond,  as 
sufficient  for  the  purposes  intended- 

A.  B.,  Supervisor. 

l'c%.,  [J^tices. 

§  433.  License  for  Tavern  Keeper,  under  Act  of  1843. 

We,  the  undersigned,  forming  a  board  of  Commissioners  of  excise 
for  the  town  of  ,  in  the  county  of  ,  having  been  ap- 

plied to  by  C.  D.,  a  resident  of  said  town,  who  purposes  to  keep  an 
inn  or  tavern  at  ,  in  the  said  town,  for  a  license  to  keep  such 

tavern,  without  inchidinga  license  to  sell  strong  or  spirituous  hquors, 
wines,  or  alcoholic  drinks;  and  being  satisfied  that  he  is  of  good 
moral  character,  and  of  sufficient  abihty  to  keep  a  tavern,  and  that  he 
has  the  necessary  accommodations  to  entertain  travellers,  and  that  a 
tavern  is  absolutely  necessary  for  the  actual  accommodation  of  tra- 
vellers, at  the  place  where  he  purposes  to  keep  the  same ;  we  do 
therefore  grant  this  license,  and  authorize  him  to  keep  an  inn  or  tav- 
ern at  the  place  above  mentioned ;  provided,  however,  that  no  strong 
or  spirituous  liquors,  wines,  or  alcoholic  drinks,  shall  be  sold  by  the 
said  C.  D.,  under  or  by  virtue  hereof  This  license  is  to  be  in  force 
until  the  day  after  the  first  Monday  in  May  next 

In  witness,  &c.,  [as  in  §  431.] 


§  434.  Bond  for  Obtaining  License,  under  Act  of  1843. 

Know  all  men,  &c.,  [as  m  §  432  to  the  *,  and  then  add:]  Whereas, 
the  said  L.  Ai  has  applied  for  a  license  to  keep  an  inn  or  tavern  in 
the  town  of  ,  in  the  said  county  of  ,  without  including 

a  license  to  sell  strong  or  spirituous  liquors,  wines,  or  alcoholic  drinks, 
in  such  inn  or  tavern : 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that,  (fee., 
[as  in  §  432,  to  the  end] 


§  435.   Grocer* s  License. 
We,  the  undersigned,  forming  a  board  of  Commissioners  of  excise 
.*br  the  town  of  ,  in  the  county  of  ,  having  been 

applied  to  by  0.  P.,  a  resident  of  said  town,  who  purposes  to  keep  a 
grocery  at  ,  in  the  said  town,  for  a  license  to  sell  strong  and 

spuituous  liquors  and  wines,  in  quantities  less  than  five  gallons,  and 
for  which  he  has  paid  a  duty  of  dollars,  deternuned  by  us; 

and  being  satisfied  that  he  is  of  good  moral  character;  we  do  there- 
fore grant  this  license,  authorizing  him  to  sell  strong  and  spirituoua 
liquors  and  wines,  in  quantities  less  than  five  gallons,  but  not  to  be 


EXCISE.  235 

drank  m  ids  shop,  house,  out-house,  yard  or  garden ;  and  it  is  ex- 
pressly declared,  that  this  license  shall  not  be  deemed  to  authorize 
such  sale  of  any  liquors  or  wines,  to  be  drank  in  the  house  or  shop 
of  the  said  0.  P.,  or  in  any  out-house,  yard,  or  garden,  appertaining 
thereto,  or  connected  therewith.  This  license  is  to  be  in  force  until 
the  day  after  the  first  Monday  in  May  next 
In  witness,  &c.,  [ci  t7i  §  431.] 


§  436.   Grocer's  Bond. 

Know  all  men,  &c.,  [as  is  §  432  to  the  *,  and  then  add:']  Whereas, 
the  said  0.  P.  has  applied  for  a  license  to  sell  strong  and  spuituous 
liquors  and  wines,  at  his  grocery,  in  the  town  aforesaid :  Now,  there- 
fore, the  condition  of  tliis  obligation  is  such,  that  if,  during  the  term 
for  which  his  hcense  shall  be  granted,  he  will  not  suffer  his  grocery 
to  become  disorderly ;  that  he  will  not  sell,  or  suffer  to  be  sold,  any 
strong  or  spirituous  hquors  or  wines,  to  be  drank  in  his  shop,  or 
house,  or  in  any  out-house,  yard  or  garden,  appertaining  thereto; 
and  that  he  will  not  suffer  any  such  liquor,  sold  by  virtue  of  such 
license,  to  be  drank  in  his  shop  or  house,  or  in  any  out-house,  yard, 
or  garden,  belonging  thereto,  then  this  obhgation  to  be  void;  else,  to 
remain  in  force.^ 

Signed,  sealed,  <fec.,  [as  in  §  432.] 

i  For  tb»  certificate  ofipproTal,  aea  §  432. 


CHAPTER    XVIII. 


EEES  OE  OEEICEES 


PRACTICAL     REMARKS. 

1.  No  judicial  officer,  except  Justices  of  the  Peace,  can  receire,  to 
his  own  use,  any  fees  or  perquisites  of  office.* 

2.  No  officer,  or  other  person,  to  whom  any  fee  or  compensation  is 
allowed  by  law  for  any  service,  can  take,  or  receive,  any  other,  or 
greater  fee  or  reward,  for  such  service,  but  such  as  is  or  may  be  allowed 
by  law.  No  legal  fee  or  compensation  can  be  demanded,  or  received, 
by  any  officer  or  person,  for  any  service,  unless  such  service  was  actu- 
ally rendered  by  him ;  but  any  officer  may  demand  the  fee  allowed 
to  him  by  law  for  any  service,  for  which  he  is  entitled  to  require 
payment,  before  rendering  the  same." 

3.  County  Judges  and  Surrogates,  are  forbidden  to  perform  any 
official  sei-vices,  unless  upon  prepayment  of  the  fees  and  perquisites 
imposed  by  law.' 

4.  No  fee  can  be  charged  by  any  officer  for  administering  the  oath 
of  office  to  any  member  of  the  Legislature,  to  any  Inspector  of  Elec- 
tions or  to  any  town  officer ;  and  no  more  than  twelve  and  a  half 
cents  can  be  charged  for  administering  such  oath  to  any  other  officer.* 

5.  Upon  the  settlement  of  an  execution  by  a  defendant,  or  upon 
settling  any  suit  or  demand,  the  Sheriff,  or  Attorney,  claiming  any 
fees  Avhich  shall  not  have  been  taxed,  may  be  required  by  the  defen- 
dant, on  his  paying  the  expense  thereof,  to  have  his  fees  taxed  by 
some  proper  officer  of  the  court  in  which  the  action  may  be  pending, 
or  from  which  the  execution  shall  have  been  issued ;  otherwise,  such 
fees  are  not  collectible.* 

6.  If  a  Justice  render  judgment  for  a  greater  amount  of  costs 
than  is  allowed  by  law,  or  for  any  item  of  costs,  or  fees,  imprope»'ly 


'  Amended  Constitution  of  New  York,  Art. 
VI,  &  20. 

a  2  R.  9.  (3d  ed.,)  741,  §§5,  6  ;  6  Cowen, 
6S1  ;  16  Wendell,  40;  23Id.,67  ;  25  Id.,  451 ; 
1  Der.io,  658 ;  2  Paige,  475. 


s  Law8  of  1849,  chap.  95. 
«  2  R.  S.  (3d  ed.,)  742,  §  17. 
»2R.  S.  (3ded.,)743,  5»1,2. 


FEES    OF   OFFICERS. 


237 


and  the  same  be  collected,  the  person  paying  the  same  may  recover 
of  the  party  who  shall  have  received  such  costs,  or  fees,  the  amount 
thereof,  with  interest.' 

7.  All  Clerks  and  Registers  of  counties,  claiming  any  fees  by  vir- 
tue of  their  respective  offices,  upon  being  required  in  writing  by  the 
party  hable  to  pay  the  same,  his  agent  or  attorney,  and  on  payment 
of  the  expense  thereof,  must  have  their  fees  taxed  by  some  officer  au- 
thorized to  tax  costs  in  the  Supreme  Court ;  and  either  party  may 
appeal  from  such  taxation  to  the  Supreme  Court  No  Clerk  or  Re- 
gister can  collect  any  fees,  after  having  been  required  as  aforesaid, 
without  the  same  are  taxed.* 

8.  In  order  to  entitle  a  Sheriff,  or  Constable,  to  his  poundage  upon 
an  execution,  he  must  levy  the  money,  or  take  the  body  of  the  de- 
fendant, except  he  be  prevented  by  the  act  of  the  plaintiff,  or  the 
operation  of  law.' 

9.  A  Sheriff,  or  Constable,  can  only  charge  mileage  for  the  actual 
travel,  where  there  are  several  defendants  in  one  process,  who  reside 
at  the  same  place.* 

10.  Witnesses  who  do  not  attend  in  obedience  to  a  subpcena,  ai-e 
not  entitled  to  fees,  and  the  party  paying  them  can  recover  back  the 
money.* 

11.  No  town  officer  is  entitled  to  be  allowed  any  per  diem  com- 
pensation for  his  services,  unless  expressly  pro'V'ided  by  law.° 

12.  No  travel  fees  for  travelling  to  subpoena  a  witness  beyond  the 
limits  of  the  county  in  which  the  subpoena  was  issued,  or  of  an  ad- 
joining county,  will  be  allowed,  unless  it  is  made  to  appear  to  th?' 
board  auditing  the  account,  by  satisfactory  proof,  that  such  witnes 
could  not  be  subpoenaed,  without  additional  travel ;  nor  will  any  tra- 
vel fees  for  subpoenaing  witnesses  be  allowed,  except  such  as  the 
board  shall  be  satisfied  were  absolutely  necessary.' 


FORMS 

§  437.  Arbitrator's  Fees. 
No  pro-vision  is  made  by  statute  for  the  fees  of  Arbitrators.     The 
usual  custom,  however,  is  to  charge  the  same  fee  allowed  to  referees 


» 2  R.  S.  (3d  ctl.)  361,  §  236. 
>  Laws  of  1S44,  chap.  127. 
»  5  Johnson,  2ry2;  2  Cowen,  421. 
«  1  Wendell,  101. 


»  5  WTendell.  107;  3  Hill,  457;  4  Id.,  596. 
e  Laws  of  1&15,  chap.  180,  §  23. 
T  Laws  of  1845,  chap.  180,  {  27;  I  Deni*, 
653. 


238  KKW  clerk's  assistant. 

appointed  b j  a  court  of  record,  viz :  for  each  day  necessarily  spent 
in  the  business  of  the  reference,  three  dollars  to  each  referee,  to  be 
paid  on  making  the  report,  or  award,  by  the  prevailing  party.  A 
different  compensation,  however,  may  be  agreed  on,  in  writing,  by 
the  parties 


§  438.  Assessor's  Fees. 
For  each  day  actually  and  necessarily  devoted  to  the  service  of  the 
town,  one  dollar  and  twenty-five  cents. 


§  439.  Auctioneer's  Commission. 
Not  exceeding  two  and  one-half  per  cent,  on  the  amount  of  any 
sales,  unless   in  pursuance   of  a  previous   agreement,  in  writing, 
between  the  auctioneer  and  the  owner,  or  consignee,  of  the  goods  or 
effects  sold. 


§  440.  Broker's  Fees. 

Fifty  cents  for  brokage,  soliciting,  driving,  or  procuring,  the  loan 
or  forbearance  of  one  hundred  dollars  for  one  year,  and  m  that  pro- 
portion for  a  greater  or  lesser  term. 

Thirty-eight  cents  for  making  or  renewing  any  bond,  bill,  note,  or 
other  securit}^  given  for  such  loan  or  forbearance,  or  for  any  counter 
bond,  bill,  note,  or  other  security,  concerning  the  same. 


§  441.  County  Clerk's  Fees. 

For  a  trial  fee,  to  be  paid  by  the  party  bringing  on  an  action,  <me 
dollar. 

For  entering  judgment  by  filing  transcript,  six  cents. 

For  entering  judgment  in  a  civil  action,  fifty  cents,  except  in  courts 
where  the  clerk  is  a  salaried  officer,  and  in  such  cases  one  dollar. 

For  copies  of  all  papers  and  proceedings  in  civil  actions,  five  cents 
for  every  one  hundred  words. 

For  every  certificate,  twelve  and  a  half  cents;  but  not  to  be 
allowed  for  certifying  a  paper  to  be  a  copy,  for  the  copying  of  which 
he  shall  be  entitled  to  compensation. 

Recording  conveyances  of  real  estate,  and  all  other  instruments 
wliich  by  law  may  be  recorded,  ten  cents  for  each  folio. 

Filing  every  certificate  of  the  satisfaction  of  a  mortgage,  and  en- 
tering such  satisfaction,  twenty-five  cents. 

Entering  a  minute  of  a  mortgage  being  foreclosed,  ten  cents. 

Entering  in  a  book  the  bond  of  every  Collector,  twelve  and  a  half 
cents ;  searching  therefor,  six  cents ;  entering  satisfaction,  twelve  and 
a  half  cents. 


FEES   OF   OFFICERa.  i9$ 

Receivino-  and  filing  every  paper  deposited  with  Mm  for  safe  keep- 
ino-,  three  cents;  searching  therefor,  three  cents  for  each  paper 
examined. 

Receiving  and  filing  the  papers  of  any  insolvent,  or  relating  to  the 
proceedings  against  any  absent,  concealed,  absconding,  or  imprisoned 
liebtor,  twelve  and  a  half  cents  in  each  case ;  and  such  papei-s  are 
not  to  be  charged  as  having  been  separately  filed :  Searching  for  such 
papers,  six  cents  for  each  year  for  which  searches  shall  be  made. 

Searcliing  and  certifying  the  title  of,  and  incumbrances  upon,  real 
estate,  ten  cents  for  each  conveyance  and  incumbrance  certfiyed  by 
bim,  instead  of  fees ;  provided  that  such  fees  shall  in  no  case  amount 
to  less  than  fifty  cents,  nor  more  than  five  dollars. 

Searclung  the  docket  of  judgments  and  decrees,  five  cents  a  year, 
and  twelve  and  a  half  cents  for  the  certificate.     (See  3  Denio,  l7l.) 

Searches  preparatory  to  making  the  loans  authorized  by  the  act 
providing  for  the  loan  of  certain  moneys  belonging  to  the  United 
States  deposit  fund,  three  dollai-s ;  except  where  the  regular  fees 
would  be  less  than  that  sum. 

Filing  each  chattel  mortgage,  or  copy,  six  cents ;  six  cents  each 
party,  for  entering ;  searching  for  such  papers,  six  cents  each ;  and 
the  same  fees  for  certified  copies,  as  for  copies  of  records. 

To  the  Clerk  of  the  county  of  Rensselaer,  six  cents  for  filing  a 
chattel  mortgage,  or  copy,  and  six  cents  each  name  for  docketing. 

Filing  and  entering  a  specification,  or  copy  of  a  contract,  in  the 
mechanics'  and  laborers'  lien  docket,  eighteen  cents. 

For  an  execution  issued  under  the  mechanics'  and  laborers'  lien 
law,  one  dollar. 

For  services  upon  the  first  application  of  an  ahen,  including  the 
oath  or  affirmation  of  intention  to  become  a  citizen,  record  and  certi- 
ficate thereof  delivered  to  him,  twenty  cents. 

For  all  the  services  requisite  upon  the  completion  of  the  proceed- 
ings of  an  alien  to  become  a  citizen,  including  the  record  and  a  cer- 
tificate, fifty  cents. 

Determining  and  certifying  the  sufl&ciency  of  the  sureties  of  any 
Sheriff,  fifty  cents. 

For  every  report  upon  the  title  of  the  parties  in  partition,  pursuant 
to  a  reference  for  that  purpose,  one  dollar. 

For  every  report  respecting  the  incumbrances  upon  the  estate  or 
interest  of  any  party  in  partition,  pursuant  to  a  rule  or  order  for  that 
purpose,  one  dollar. 

Investing  the  proceeds  of  the  sale  of  any  estate,  under  proceed- 
ings in  partition,  pursuant  to  the  order  of  the  court,  one-half  of  one 
per  cent  upon  any  sum  not  exceeding  two  hundred  dollars,  and  one- 
quarter  of  one  per  cent,  for  any  excess. 

Receiving  the  interest  on  such  investments,  and  paying  oyer  the 
same  to  the  persons  entitled,  one-half  of  one  per  cent 


240  NEW  clerk's  assistant. 

For  attendance  in  canvassing  the  votes  given  at  any  election,  twc 
dollars. 

Drawing  all  necessary  certificates  of  the  result  of  such  canvass, 
eighteen  cents  for  each  folio;  and  nine  cents  each  folio  for  the  neccs- 
saiy  copies  thereof 

Kecording  such  certificates,  the  same  fees  as  are  allowed  for  re- 
cording deeds.  , 

For  making  and  transmitting  certified  copies  of  the  returns  of 
ToAvn  Superintendents  of  common  schools,  six  cents  for  each  folio,  to 
be  paid  by  the  county. 

Giving  notice  to  the  Governor,  of  persons.who  have  taken  the  oath 
of  office,  three  cents  for  each  name. 

Giving  such  notice  of  persons  who  have  neglected  to  take  the  oath 
of  olfice,  or  to  file  or  renew  any  security,  within  the  time  required  by 
law.  and  of  any  vacancy  created  by  any  officer  dying  or  removing 
out  of  the  county  or  place  for  which  he  was  appointed,  and  of  all 
other  vacancies  in  the  county,  six  cents  for  each  name  reported. 

iSotifying  every  person  appointed  to  office,  twenty-fiv^e  cents;  and 
all  expenses  actually  and  necessarily  incurred  in  giving  any  notice, 
which  the  Comptroller  sliall  deem  reasonable. 

Searcliing  for  a  bail  piece,  and  annexing  it  to  the  recognizance  roll, 
twelve  and  a  half  cents. 

Recording  ever}'-  certificate  of  incorporation,  authorized  by  law  to 
be  recorded,  seventy-five  cents. 

Entering  in  the  minutes  of  a  court  a  hcense  to  keep  a  ferry,  and 
for  a  copy  thereof,  one  dollar ;  and  for  taking  and  entering  the  recog- 
nizance, twenty-five  cents. 

For  administering  an  oath  or  affirmation,  in  cases  where  no  fee  is 
specially  provided,  and  the  certificate,  twelve  and  a  half  cents. 

Swearing  a  witness  in  the  Court  of  Oyer  and  Terminer,  and  Court 
of  Sessions,  six  cents. 

Entering,  or  respiting  a  recognizance  in  said  Courts,  twelve  and  a 
half  cents. 

Calling  and  swearing  a  jury  in  the  same,  nineteen  cents. 

Entering  a  sentence  in  the  minutes,  twelve  and  a  half  cents;  and 
the  like  fee  for  every  certified  copy  thereof,  and  for  a  transcript 
thereof  for  the  Secretary  of  State. 

For  copies  of  records,  indictments,  and  other  proceedings,  the  like 
fees  as  are  allowed  in  civil  cases  for  copies  of  papers  filed  in  his 
office. 

For  taking  the  acknowledgment  of  satisfaction  of  a  judgment  in 
the  Coimty  Court,  thirty-seven  and  a  half  cents. 


§  442.   Cleric  of  the  Board  of  Supervisors. 
A  reasonable  compensation  for  his  services,  to  be  fixed  by  the 
board,  and  to  be  paid  by  the  county. 


FEES    OF    OFFICERS,  241 

For  a  certified  copy  of  any  account  on  file  in  his  office,  six  cents 
for  everv  folio  of  one  hundred  and  twenty-eight  words. 


8  443.   Commissioners  to  take   Testimony,  to  he  read  in  Justices' 

C'o2irts 

For  taking  and  returning  the  testimony  on  a  commission,  whether 
issued  to  one  or  more  commissioners,  one  dollar. 

For  every  subpcena,  or  oath,  six  cents. 

For  serving  subpoenas  to  appear  before  commissioners,  the  same 
fees  as  are  allowed  in  Justices'  Courts. 


8  444.     Commissioners  to  make  Partition,  or  to  Admeasure  Dower. 
For  every  day's  actual  and  necessary  ser\ice,  two  dollars  to  each 
commissioner. 


§  44.5.    Commissioner  of  Deed^. 

For  administering  an  oath  or  affirmation,  and  certifying  the  same 
when  required,  twelve  and  a  half  cents. 

For  taking  the  acknowledgment  of  bail  in  the  Supreme  Court,  and 
in  any  County  Court,  or  Maj-or's  Court,  twenty-five  cents. 

Taking  the  acknowledgment  of  satisfaction  of  a  decree  or  judgment, 
in  ihc  Supreme  Court,  any  County  Court,  or  Mayor's  Court,  thirty- 
seven  and  a  half  cents. 

Taking  and  certifying  the  acknowledgment,  or  proof,  of  any  con- 
veyance or  mortgage  of  real  estate,  or  any  instrument  concerning^ 
real  estate,  which  by  law  maybe  recorded, —  for  one  person,  twenty- 
five  cents,  and  for  each  additional  person,  t\velve  and  a  half  cents; 
(Laws  of  1847,  chap.  339; )  but  when  a  lease  and  release  of  the 
same  prtimises  executed  at  the  same  time,  they  must  be  considered 
as  one  conveyance. 

Taking  an  acknowledgment  of  a  power  of  attorney  to  appear  in  a 
Justice's  Coui't,  iwenty-five  cents. 


§  446.    Commissioners  of  Excise. 
One  dollar  and  twenty-five  cents  to  each  Commissioner,  for  one 
day's  attendance  only,  at  the  Board  of  Excise,  during  anyone  year; 
to  be  allowed  and  paid,  as  other  town  charges. 


§  447.    Commissioners  of  Highways. 
For  each  day  actually  and  neccessarily  devoted  to  the  service  of 
the  town,  one  dollar. 

16 


i42  NEW  clerk's  assistant. 

§  448.  Commissioners  to  Loan  United  States  Deposit  Fund. 
Such  Commissioners  may  retain,  out  of  the  interest  moneys  coming 
into  their  hands,  the  folloAving  per  centage  on  the  money  committed 
to  their  charge,  as  a  compensation  for  their  services:  upon  twenty- 
five  thousand  dollars,  or  a  less  sum,  three-quarters  of  one  per  cent. ; 
upon  the  fm-ther  sum  of  twenty-five  thousand  dollars,  or  less,  half 
of  one  per  cent. ;  and  where  the  whole  sum  shall  exceed  fifty  thou- 
sand dollars,  half  of  one  per  cent.,  except  in  the  city  and  county  of 
New  York,  in  which  city  and  county  the  commissioners  shall,  upon 
ail  sums  exceeding  fifty  thousand  dollars,  be  permitted  to  retain  only 
one-quarter  of  one  per  cent 


§  449.    Constables'  Fees. 

For  serving  a  warrant  or  summons,  twelve  and  a  half  cents. 

For  a  copy  of  every  summons  deUvered  on  request,  or  left  at  the 
dwelling  of  the  defendant,  in  his  absence,  nine  cents. 

Serving  an  attachment,  fifty  cents ;  for  a  copy  thereof,  and  of  the 
inventory  of  the  property  seized,  left  at  the  last  residence  of  the  de- 
fendant, fifty  cente. 

Serving  an  execution,  or  levying  any  fine  or  penalty  pursuant  to 
any  warrant,  five  cents  for  every  dollar  collected,  to  the  amount  of 
fifty  dollars ;  and  two  and  a  half  cents  for  every  dollar  collected  over 
fifty  dollars. 

For  every  mUe,  going  only,  more  than  one  mile,  when  serving  a 
summons,  warrant,  attachment,  or  execution,  six  cents:  to  be  com- 
puted from  the  place  of  abode  of  the  defendant,  or  where  he  shall 
be  found,  to  the  place  where  the  precept  is  returnable. 

Notifying  the  plaintiff  of  the  service  of  a  warrant,  twelve  and  a 
half  cents;  and  for  going  to  the  plaintiff's  residence, or  where  sucb 
notice  was  served,  six  cents  for  every  mile  more  than  one- 
Summoning  a  jury,  fifty  cents. 

Serving  a  subpoena,  twelve  and  a  half  cents  for  each  witness  served ; 
but  no  allowance  will  be  made  in  any  judgment,  for  service  upon 
more  than  four  witnesses  in  any  cause. 

Serving  a  summons  in  speci;d  proceeding's  in  civil  cases,  twelve  and 
a  half  cents ;  serving  a  warrant,  nineteen  cents ;  mileage,  for  going 
only,  six  cents  for  each  mile. 

Advertising  and  selling  any  property  distrained  doing  damage;  or 
levying  any  fine,  penalty,  or  sum,  pursuant  to  any  warrant ;  the  same 
fees  as  are  allowed  on  executions  from  Justices'  Courts. 

Arresting  and  committing  any  person,  pursuant  to  process  in  spe- 
cial proceedings  in  civil  cases,  fifty  cents ;  and  mileage,  for  going  only, 
six  cents. 

Attending  any  court,  pursuant  to  a  notice  from  the  Sheriff,  one 
dollar  and  fifty  cents  a  day  in  the  city  of  New  York,  and  one  dollar 


FEES   OF   OFFICERS.  243 

and  twenty-five  cents  a  day  in  each  of  tlie  other  counties  of  this 
State,  to  be  paid  by  the  county.  , 

Sen'ing  a  wan-ant,  or  otlier  process,  for  the  arrest  of  any  person, 
in  criminal  cases,  fifty  cents ;  and  the  same  fees  for  mileage  as  are 
allowed  on  warrants  in  civil  cases.^ 

Taking  a  defendant  in  custody  on  a  mittimus,  twelve  and  a  half 
cents. 

Conveying  a  person  to  the  magistrate  or  court  before  whom  he  is 
to  be  brought,  or  to  jail,  twelve  and  a  half  cents,  if  within  one  mile ; 
and  for  every  other  mile,  going  only,  six  cents. 

For  traveling  to  subpoena  Avitnesses  on  behalf  of  the  people,  sucli 
fees  as  the  board  auditing  the  account  shall  be  satisfed  were  indispen- 
sably necessary. 

For  other  services  in  criminal  cases,  for  which  no  compensat'on  is 
specially  provided  by  law,  such  sum  as  the  board  of  Supervisors  of 
the  county  shall  allow. 

For  summoning  a  jury  under  the  provisions  of  the  Revised  Sta- 
tutes in  relation  to  the  assig-nment  of  the  estates  of  non-resident,  ab- 
sconding, insolvent,  or  imprisoned  debtors,  one  dollar  and  twelve  and 
a  half  cents. 

For  summoning  a  jury  to  re-assess  the  damages  for  laying  out, 
altering,  or  discontinuing  a  road,  if  from  the  same  town,  one  dollar ; 
if  otherwise,  two  dollars. 

For  other  services,  not  enumerated  above,  which  may  be  rendered 
by  a  Constable,  the  same  fees  as  are  allowed  by  law  to  Sherifts  for 
similar  services. 

For  serving  a  summons  in  the  city  of  Albany  on  one  defendant, 
and  notifying  the  plaintiff  of  trial,  thirty-seven  and  a  half  cents ;  and 
twenty -five  cents  more  for  service  of  summons  on  every  other  defend- 
ant named  in  the  same  summons ;  serving  a  waiTant  in  a  civU  suit 
in  the  same  city,  on  one  defendant,  and  notifying  plaintiflF,  fifty  cents ; 
and  thirty-seven  and  a  half  cents  for  every  additional  defendant 
named  in  the  same  warrant. 


§  450.    Coroner's   Fees. 

For  holding  an  inquest,  and  the  necessary  incidental  expenses, 
such  compensation  as  shall  be  allowed  by  the  board  of  Supervisors 
of  the  county. 

For  all  other  services  rendered  by  them,  the  same  fees  as  are  al- 
lowed to  Sherifts  for  similar  services. 

For  confining  a  Sheriflf  in  any  house,  on  civil  process,  two  dollars 


'  A  Consiablo  is  not  entitled  to  mileage,  unless  the  party  ie  arrested,  even  thoueh  he  caB< 
not  be  found.    ( I  Uenio,  658.)  6  w"^ 


244  NEW  clerk's  assistant. 

for  ea<;h  ^eek,  to  be  paid  by  sucb  SlierifF  before  he  shall  be  entitled 
to  be  db'^harged. 


§  451.    County  Judges,  in  Special   Cases? 

For  every  day  employed  in  the  hearing-  and  decision  of  appeals  in 
relation  to  highways,  two  dollars,  to  be  paid  by  the  party  appealing, 
■where  the  determination  of  the  Commissioner,  or  Commissioners, 
shall  be  affirmed. 

Taking  the  acknowledgment  of  a  satisfaction  of  judgment,  thirty- 
seven  and  a  half  cents. 

Taking  a  bond  in  any  case  required  or  authorized  by  law,  thirty- 
seven  and  a  half  cents. 

Deciding  on  the  sufficiency  of  sureties,  and  certifying  such  suffi- 
ciency when  it  shall  appear,  fifty  cents. 

Administering  an  oath  or  affirmation,  and  certifying  the  same  when 
required,  twelve  and  a  half  cents. 

Taking  the  acknowledgment  of  bail,  twenty-five  cents. 

Taking  and  certifying  the  ackiowledgment,  or  proof,  of  any  con- 
veyance or  mortgage  of  real  estate,  or  any  instrument  concerning 
real  estate  which  by  law  may  be  recorded,  the  same  fees  as  are  al- 
lowed to  Justices  of  the  Peace  for  similar  services.  (  Laws  of  1847, 
chap.  339.) 

Receinng  and  filing  every  petition,  and  the  affidavits,  schedules 
and  papers,  accompanying  the  same,  upon  any  application  made  pur- 
suant to  the  provisions  of  the  statute  in  relation  to  the  assignment  of 
the  estates  of  absconding,  concealed,  non-resident,  insolvent,  or  im- 
prisoned debtors,  two  dollars. 

For  every  order,  warrant,  certificate,  or  appointment,  of  trustees 
or  assigns,  in  such  proceeding,  thirty-seven  and  a  half  cents. 

Presiding  at  and  conducting  any  trial  by  a  jury,  swearing  such 
jury,  receiving  and  entering  their  verdict,  or  discharging  them,  two 
dollars ;  but  not  to  extend  to  any  uial  or  inquest  in  any  action  at 
Jaw. 

Deciding  on  the  propriety  of  directing  an  assignment  of  the  estate 
of  any  insolvent,  or  imprisoned,  absent,  concealed  or  absconding 
debtor,  two  dollars. 

Signing  the  discharge  of  any  insolvent  or  imprisoned  debtor,  one 
dollar. 

For  every  order,  warrant,  or  attachment,  made  or  issued  in  any 
special  proceeding  authorized  by  law,  thirty-seven  and  a  half  cents. 


1  The  fees  received  by  the  County . Judge,  I   chap.  277,  §5  8,  9;  Lawsof  1?>40,  chap.  9;,)and 

nftor  deducting  his  salary,  are  to  le  paid  over  an  account  thereof,  verified  by  affidavit,  i.s  ii» 

to  the  County  TreasurcTjOiitlie  first  Monday  I   be  rendered  to  the  board  of  Supervisors  a 

of  May,  and   November;     (Laws  of  1847,  j   their  aimuaJ  li'^etlng. 


FEES    OF    OFFCERS,  24S 

For  every  notice  to  any  party,  officer,  or  person,  requited  to  be 
ghen  by  law,  twenty-five  cents. 

For  services  under  the  non-imp risionment  act,  the  same  fees  as  are 
allowed  by  law  in  proceedings  against  absconding,  concealed,  or  non- 
resident debtors. 

For  attendance  upon  any  special  matter,  where  no  fee  is  specially 
provided  for  the  service  rendered,  twenty-five  cents. 

Admitting  any  person  to  prosecute  as  the  next  friend,  or  to  defend 
as  the  guardian,  of  an  infant,  nineteen  cents. 

Every  necessary  order  upon  any  special  application,  twenty-five 
cents. 

For  attendance  on  taking  any  depositions,  upon  any  inqiiiiy  insti- 
tuted by  the  Governor,  relating  to  the  official  misconduct  of  any  offi- 
cer, two  dollars  for  each  day  necessarily  occupied. 

Issuing  any  summons  or  process  of  subpoena,  to  compel  the  attend- 
ance of  any  witness  in  any  proceeding  before  such  Judge,  twenty -five 
cents. 

For  every  attachment,  or  warrant  of  commitment,  against  a  wit- 
ness or  any  other  person,  in  a  civil  proceeding,  twenty-five  cents. 

For  warrant  of  restitution,  or  to  put  any  party  in  possession  of 
lands,  thirty-seven  and  a  half  cents. 

Taking  an  acknowledgment  of  a  power  of  attorney  to  appear  in  a 
Justice's  Court,  twent3'-tive  cents. 

For  services  in  criminal  cases,  not  specially  provided  for,  the  same 
fees  as  are  allowed  to  Justices  of  the  Peace  for  similar  services. 


§  452.    Countij  Sperintendents  of  the  Poor. 
Such  sum,  for  their  actual  attendance  and  services,  as  the  boarQ 
of  Supervisors  of  their  county  shall  deem  reasonable. 


^  453.    Coiinbj  Treasurer's  Fees. 

Such  commission,  for  receiving  and  paying  out  all  moneys,  as  the 
board  of  Supervisors  may  fix,  not  exceeding  one-half  of  one  per 
cent,  tor  receiving,  and  the  same  for  paying;  but  the  gross  amount 
shall  in  no  case  exceed  five  hundred  dollars  per  annum.  This  re- 
striction does  not  extend  to  the  counties  of  New  York,  Albany  and 
Kings.  The  treasurer  of  Monroe  county  receives  an  annual  salary, 
to  be  fixed  by  the  board  of  Supervisors,  not  exceeding  the  half  tif 
one  per  cent  for  receiving,  and  the  half  of  one  per  cent,  for  cUsburs- 
ing,  or  eight  hundred  dollars  in  the  aggregate. 

For  recemng  moneys  )n  securities  transferred  to  him  by  the  clerk 
of  the  court  of  appeals,  one  half  of  one  per  cent.,  and  for  paying  out 
the  same,  one  half  of  one  per  cent'. 

For  services  as  administrator,  in  the  cases  prov  ided  by  law,  liis 


246  NEW  clerk's  assistant. 

reasonable  expenses  necessarily  incurred;  and  double  the  commis- 
sions allowed  to  executors  and  administrators. 

For  every  warrant  issued  under  the  act  taxing  the  rents  of  land- 
lords, in  certain  cases,  one  dollar. 


§  454.   Crier's  Fees. 

For  attendance  upon  the  Supreme  Court,  two  dollars  for  each  day, 
to  be  certified  by  the  Clerk  of  the  Court. 

Attendance  upon  other  court,  one  dollar  and  fifty  cents  for  each 
day,  to  be  certified  by  the  Clerk. 


§  455.  Executors*  and  Administrators'  Fees. 
A  reasonable  compensation  for  the  services  of  the  appraisers  ap- 
pointed upon  their  application,  to  be  allowed  by  the  Surrogate. 

For  receiving  and  paying  out  all  sums  of  money  not  exceeding 
one  thousand  dollars,  five  per  cent,  on  every  dollar. 

For  receiving  and  paying  out  all  sums  exceeding  one  thousand, 
and  not  less  than  five  thousand  dollars,  two  and  a  half  per  cent. 

For  receiving  and  paying  out  all  sums  exceeding  five  thousand 
dollars  one  per  cent.* 

For  every  deed  prepared  and  executed  by  them,  on  the  sale  of 
any  real  estate  made  by  order  of  the  Surrogate,  two  dollars ;  and  a 
compensation  not  exceeding  two  dollars  a  day,  for  the  time  necessa- 
rily occupied  in  such  sale. 

Such  allowance  for  all  actual  and  necessaiy  expenses  as  shall  be 
just  and  reasonable. 

§  456,  Fence  Viewer's  Fees. 

For  every  mile  of  travel  by  a  Fence  Viewer,  from  his  house  to  the 
place  where  the  strays  are  kept,  six  cents ;  and  twenty-five  cents  for 
a  certificate  of  the  charges ;  to  be  paid  by  the  owner  of  the  strays, 
or  the  person  applying  for  the  certificate. 

Such  compensation  for  all  other  services  required  by  law,  as  may 
be  fixed  by  the  town  meetings  of  their  respective  towns. 


§  457.  Juror's  Fees. 
Foi  attending  to  serve  as  such,  in  a  Justice's  Court,  although  not 
iworn,  six  cents ;  for  attending  and  trying  a  cause,  twelve  and  a  half 
oents. 


»  If  there  be  more  than  one  Executor  or  I  according  to  the  eerricea  rendered  by  them 
administrator,  the  allowance*  are  to  be  ap-    respectively.    (Laws  of  18i9,  chap.  160.) 


i»riiofi«d   amooj    them   by  the   Surrogate,  | 


FEES    OF   OFFICERS.  247 

To  each  juror  impanneled  to  try  a  cause  in  any  Circuit  Court, 
County  Court,  or  Mayor's  Court,  twenty-five  cents  for  each  cause,  to 
be  paid  by  the  party  noticing  the  cause  for  trial;  or  if  noticed  by 
both  parties,  to  be  paid  by  such  party  as  the  court  shall  direct ;  ex- 
cept that  in  the  county  of  Albany,  the  fees  of  the  jury  are  to  be 
paid  to  the  County  Clerk. 

For  attending  the  courts  of  record  in  any  county,  either  as  a  grand 
or  petit  juror,  such  allowance  to  each  juror  as  the  board  of  Supervi- 
sors may  direct;  not  exceeding  one  dollar  per  day,  and  three  cent^ 
per  mile  for  travehng,  in  coming-  to  and  returning  from  such  courts, 
to  be  p;ud  by  the  County  Treasurer,  on  the  certificate  of  the  Clerk. 

To  each  petit  juror  in  the  county  of  Albany,  who  shall  be  sworn 
and  serve  as  such,  for  attending  any  Circuit  Court,  Court  of  Oyer 
and  Terminer,  County  Court,  or  Court  of  Sessions,  one  dollar  per 
day  for  every  day's  attendance,  and  seventy-five  cents  for  every 
twenty  miles  travel :  grand  jurors  in  the  county  of  Albany  are  enti- 
tled to  the  same  compensation  as  m  other  counties  of  the  State. 

To  each  juror  in  the  city  of  New  York,  twelve  and  a  half  cents, 
for  every  action  in  which  he  is  sw^orn  as  such  in  any  court  of  record. 

To  each  juror  sworn  before  any  officer  in  any  special  proceeding 
allowed  by  law,  or  before  any  Sheriif  upon  any  writ  of  inquiry,  or 
to  try  any  claim  to  personal  property,  twelve  and  a  half  cents. 

To  each  juror  sworn  in  any  proceeding  authorized  by  the  provis- 
ions of  the  statute  in  relation  to  absconding,  concealed,  non-resident, 
insolvent,  or  imprisoned  debtors,  twenty-five  cents. 

To  each  juror  attending  and  sei-ving  on  a  jury  to  re-assess  dama- 
ges for  laying  out,  altering,  or  (hscontinuing,  a  highw^ay,  if  from  the 
same  town,  fifty  cents ;  if  from  an  adjoining  town,  one  dollar. 

To  each  juror  attending,  in  pursuance  of  a  summons,  but  not 
8er\'ing  on  a  jmy,  to  re-assess  the  damages  for  laying  out,  altering, 
or  discontinuing  a  highway,  if  from  the  same  town,  twenty-five 
cents;  if  from  an  adjoining  town,  fifty  cents. 


§  458.  Justices  of  the  Peace. 

For  a  summons,  nine  cents;  but  no  more  than  two  summons  to  be 
included  in  the  costs  in  a  judgment  against  any  defendant. 

J'or  a  w^arrant  in  civil  actions,  twelve  and  a  half  cents ,  an  attach- 
ment or  execution,  nineteen  cents. 

Every  adjom-nment,  except  when  made  by  the  Justice  on  his  own 
motion,  nine  cents. 

For  a  subpoena,  six  cents ;  administering  an  oath,  six  cents. 

For  filing  every  paper  required  to  be  filed  with  him,  three  cents; 
but  not  to  be  allowed  for  tiJing  any  written  complaint,  pleading,  or 
process,  in  any  cause. 


MS  NEW  clerk's  assistant. 

For  a  venire,  nineteen  cents ;  swearing  a  jniy,  twelve  an'd  a  half 
cents. 

Entering  a  judgment,  twenty-five  cents;  for  a  transcript  thereof, 
twenty-five  cents. 

Taking  every  bond  or  other  written  security  in  civil  fictions,  if 
di-aftod  by  the  Justice,  twenty-five  cents. 

For  making  a  return  upon  an  appeal,  one  dollar. 

For  a  warrant  in  criminal  cases,  nineteen  cents ;  to  be  paid  by  the 
complainant,  before  issuing  any  warrant  for  assault  and  battei-y,  if 
required  by  the  Justice. 

For  a  bond  or  recognizance,  twenty-five  cents. 

Commitment  for  want  of  bail,  nineteen  cents. 

For  a  venire  to  summon  a  jury  before  a  Court  of  Special  Sessions, 
twenty -five  cents;  swearing  such  j  my,  twenty -five  cents;  trial  fee  or 
attendance,  one  dollar ;  warrant  of  commitment  on  conviction,  twenty- 
five  cents ;  drawing  a  record  of  conviction  and  fifing  the  same,  seventy- 
five  cents ;  but  all  such  charges  shall  not  exceed  five  dollars  in  any 
one  case. 

Taking  security  from  any  person  to  prosecute  a  certiorari,  upon  a 
conviction  made  by  a  Court  of  Special  Sessions,  twenty-five  cents; 
making  a  retui-n  to  such  certiorari,  two  dollars,  to  be  paid  by  the 
county. 

For  every  order  for  a  commission  to  examine  witnesses,  attending, 
settling,  and  certifying  interrogatories,  to  be  annexed  to  the  commis- 
sion, fifty  cents.' 

Taking  the  acknowledgment  of  any  written  authority  to  appear  by 
attorney  in  a  Justice's  Court,  twenty-five  cents. 

For  a  copy  of  the  process,  pleadings  and  proofs,  in  any  cause 
wherein  judgment  was  rendered  by  default,  and  in  the  absence  of 
the  party  against  whom  the  same  was  rendered,  when  required  by 
any  person  interested  therein,  twenty-five  cents  for  the  transcript,  and 
six  cents  a  fofio  for  the  residue  thereof 

Administering  an  oath  or  affirmation,  in  special  cases,  and  certify- 
ing the  same  when  required,  twelve  and  a  half  cents. 

Taking  the  acknowledgment  of  biul  in  the  Supreme  Court,  and  in 
any  County  Court,  or  Mayor's  Court,  twenty-five  cents. 

Taking  the  acknowledgment  of  satisfaction  of  a  decree  in  Chan- 
cery, or  of  a  judgment  in  the  Supreme  Cotirt,  County  Court,  or 
Mayor's  Court,  thirty-seven  and  a  half  cents. 

Taking  the  proof  or  acknowledgment  of  a  written  instrument  to 
be  read  in  CA-idence,  or  of  a  conveyance  or  mortgage  of  real  estate, 
and  certifying  the  same,  for  one  person,  twenty -five  cents;  and  for 
each  additional  person,  twelve  and  a  half  cents. 


»  The  costs  of  a  commission  are  to  be  included  in  the  costs  of  the  suit,  though  the  gross 
amount  exceed  five  dollars. 


FEES    OF    OFFICERS.  249 

For  swearing  each  witness  on  taking  such  proof  or  acknowledgTnent, 
six  cents. 

Endorsing  a  warrant  issued  from  another  county,  twelve  and  a 
half  cents. 

For  a  summons  for  any  offence  relating  to  the  internal  police  of 
this  State,  or  in  any  special  proceedings  to  recover  possession  of  land, 
or  otherwise,  twenty-live  cents. 

For  a  precept  to  summon  a  juiy  in  special  cases,  thirty-seven  and 
a  half  cents;  swearing  such  jury,  twenty-five  cents. 

Healing  the  matter  concerning  wliich  such  jury  is  summoned,  fifty 
cents ;  recei\'ing  and  entering  their  verdict,  twelve  and  a  half  cents. 

For  a  -view  of  premises  alleged  to  be  deserted,  fifty  cents. 

For  one  day's  attendance  upon  the  Board  of  Excise,  one  dollar  and 
twenty-five  cents. 

For  attendance  at  town  meetings,  one  dollar  and  twenty-five  cents. 

For  other  services  performed  by  Justices  of  the  Peace,  not  speci- 
ally provided  for  by  law,  such  compensation  as  may  be  allowed  by 
the  board  audit! no-  their  accounts. 

For  attending  the  Courts  of  Oyer  and  Terminer  and  Sessions,  two 
dollars  each  day,  and  six  cents  per  mile  travel  fee  in  going  and  re- 
turning.    But  one  allowance  of  travel  is  to  be  made  at  any  one  term. 


§  459.  Notary's  Fees. 
For  the  protest,  for  non-payment,  of  any  note,  or  for  the  non- 
acceptance  or  non-payment  of  any  bill  of  exchange,  check  or  draft, 
and  giving  the  requisite  notices  and  certificates  of  such  protest,  in- 
cluding the  notarial  seal,  if  aflixed  thereto,  seventy-five  cents;  and 
Notaries  are  required  to  furnish,  under  seal,  the  certificate  authorized 
to  be  introduced  as  presumptive  evidence  in  actions  at  law,  free  of 
expense. 

Dramng  and  copy  of  every  other  protest,  seventeen  cents  for  every 
folio;  and  for  sealing  the  same,  twenty-five  cents. 

Taking  an  oath  or  affirmation,  and  certifying  the  same,  twelve  and 
a  half  cents. 

Dra^ving  any  affidavit,  or  other  paper  or  proceeding,  not  otherwise 
provided  for,  twenty-five  cents  for  each  folio ;  and  twelve  and  a  half 
cents  per  folio  for  a  copy  thereof 


§  460.   Overseers  of  the  Poor. 
For  every  day  actually  and  necessarily  devoted  to  the  service  of 
the  town,  one  dollar  to  each  Overseer ;  and  all  such  necessary  expenses 
as  may  be  incurred  in  the  discharge  of  their  duties,  to  be  allowed  bj 
the  board  auditino-  their  accoimts. 


250  NEW  clerk's  assistant 

§  461.   Overseers  of  Highioays. 
For  any  excess  of  work  over  and  above  his  assesment,  performed 
by  an  Overseer  of  Highways,  seventy-five  cents  per  day. 


§  462.  Poundmaster's  Fees. 
For  taking  into  the  pound  and  discharging  therefrom,  every  horse, 
ass,  or  mule,  and  all  neat  cattle,  twelve  and  a  half  cents  each;  for 
every  sheep  or  lamb,  three  cents;  and  for  every  hog,  six  cents. 

J'or  feeding  any  beasts  distrained  doing  damage,  liis  reasonable 
charges,  not  exceeding  six  cents  for  each  beast  for  every  twenty-four 
hours. 


§  463.  Printer's  Fees. 

For  publishing  notices  of  any  application  by  an  insolvent,  under 
the  provisions  of  the  fifth  chapter  of  the  second  part  of  the  Revised 
Statutes,  and  furnishing  the  evidence  of  such  publication  for  six 
Aveeks,  one  dollar  and  sixty-seven  cents ;  if  published  ten  weeks,  two 
dollars. 

Publishing  any  other  notice,  or  any  order,  citation,  summons,  or 
any  other  proceeding  or  advertisement,  reqmred  by  law  to  be  pub- 
fished  in  any  newspaper,  not  more  than  fifty  cents  per  foUo  for  the 
first  insertion,  and  twenty  cents  per  foUo  for  each  subsequent  inser- 
tion after  the  first. 

Posting  a  copy  of  a  notice  of  mortgage  sale  on  the  door  of  the 
court  house,  one  dollar. 


§  464.  JReferees'  Fees. 

For  each  day  necessarOy  spent  in  the  business  of  the  reference, 
three  dollars  to  each,  to  be  paid  ou  making  their  report,  by  the  pre- 
vailing party.  Parties,  however,  may  agree,  in  writing,  on  a  diffe- 
rent compensation.  (Laws  of  1849,  chap.  438,  Part  II.,  Title  X., 
§  313.) 

Referfees,  to  whom  any  question  in  regard  to  the  laying  out,  alter- 
ing, or  discontinuing  a  higiiway,  is  referred,  are  entitled  to  two  dol- 
lars per  day  each ;  to  be  paid  by  the  party  appealing,  if  the  decision 
of  the  commissioner  is  sustained,  but  if  reversed,  by  the  county. 


§  465.  Megister  of  Deeds  in  the  City  of  New  York. 

The  same  fees  as  are  allowed  by  law  to  County  Clerks,  for  similar 
services  performed  by  them. 

For  filing  a  chattel  mortgage,  or  a  copy  thereof  six  cents;  for 


FEES    OF    OFJlUEKS.  251 

entering  tlie  same,  six  cents  for  every  party  to  such  instrument; 
searching  for  each  paper,  six  cents;  and  the  like  fees  for  certified 
copies  of  such  papers  as  are  allowed  to  County  Clerks  for  copies  of 
records. 


§  466.  School  District  Collector's  Fees. 

One  per  cent  on  all  taxes  voluntarily  paid  in,  during  the  first  two 
weeks  after  receiving  a  tax  list  and  warrant ;  and  five  per  cent  on  all 
sums  collected  after  that  time. 

Wheie  a  levy  and  sale  is  made,  the  Collector  is  entitled  to  travel- 
ing fees  at  the  rate  of  six  cents  per  nule,  computing  the  distance 
from  the  school  house  in  the  district 


§  467.  Sealers  of  Weights  and  Measures. 

For  sealing  and  marking  every  beam,  twelve  and  a  half  cents. 

Sealing  and  marking  measures  of  extension,  at  the  rate  of  twelve 
and  a  half  cents  per  yard,  not  to  exceed  fifty  cents  for  any  one  mea- 
sure. 

Sealinof  and  markincj  every  weight,  three  cents. 

Sealing  and  marking  Hquid  and  dry  measures,  if  the  same  be  of 
the  capacity  of  a  gallon,  or  more,  twelve  and  a  half  cents;  if  the 
same  be  of  less  than  a  gallon,  three  cents. 

Reasonable  compensation  for  making  such  weights  and  measures 
conform  to  the  standard. 


§  468.  Sheriff's  Fees. 

For  serving  a  writ,  summons,  complaint,  or  demand,  by  which  a 
suit  shall  be  commenced  in  a  court  of  law,  fifty  cents. 

Traveling  in  making  any  such  service,  six  cents  per  mile,  for  going 
only,  to  be  computed  in  all  cases  from  the  court  house  of  the  county ; 
and  if  there  be  two  or  more  court  houses,  to  be  computed  from  that 
which  sliall  be  nearest  to  the  place  where  the  service  shall  have  been 
made,  except,  that  in  the  county  of  Oneida  such  travel  shall  be  com- 
puted from  the  court  house  in  Whitestown. 

Taking  a  bond  on  the  arrest  of  a  defendant,  or  taking  his  endorse- 
ment of  appearance,  or  for  taking  a  bond  in  Any  other  case,  where 
he  is  authorized  to  take  the  same,  for  which  no  fee  is  otherwise  pro- 
vided, thirty-seven  and  a  half  cents ;  and  for  a  certified  copy  of  such 
bond,  twenty -five  cents. , 

Returning  a  process,  twelve  and  a  half  cents. 

Serving  an  attachment  for  the  payment  of  money,  or  an  execution 
for  the  collection  of  money,  or  a  warant  for  the  same  ptirpose,  issued 


262  NEW  clerk's  assistant. 

by  the  Comptroller,  or  by  any  County  Treasurer,  for  collecting  the 
sum  of  two  hundred  and  fifty  dollars,  or  less,  two  cents  and  live  mills 
per  dollar;  and  for  every  dollar  collected,  more  than  two  hundred 
and  fifty  dollars,  one, cent  and  two  and  a  half  mills. 

Ad^^ertising  goods  or  chattelp,  lands  or  tenements,  for  sale,  on  any 
execution,  two  dollars;  and  if  the  execution  be  stayed  or  settled, 
after  advertising  and  before  sale,  one  dollar ;  and  all  legal  fees  paid 
for  pubhsliing  an  advertisement  or  postponement  of  the  sale  of  real 
estate. 

For  drawing  every  certificate  on  the  sale  of  real  estate,  by  virtue 
of  an  execution,  twenty -five  cents  per  folio;  for  two  copies  thereof, 
twelve  and  a  half  cents  per  folio;  and  the  Clerk's  fee  for  filing  one 
of  such  certificates. 

Drawing  and  executing  a  deed,  pursuant  to  a  sale  of  real  estate, 
on  an  execution,  one  dollar ;  to  be  paid  by  the  grantee  in  such  deed. 

Serving  a  writ  of  possession  or  restitution,  putting  any  person  en- 
titled into  the  possession  of  premises,  and  removing  the  tenant,  one 
dollar  and  twenty-five  cents;  and  the  same  compensation  for  travel- 
ing to  serve  the  same,  as  is  allowed  on  the  service  of  a  summons. 

Taking  a  bond  for  the  liberties  of  the  jail,  thirty-seven  and  a  half 
cents. 

Summoning  the  juiy  to  attend  any  court,  fifty  cents  in  each  cause 
noticed  for  trial  at  such  court,  or  placed  on  the  calendar  thej'eof  for 
trial. 

Summoning  a  jury  in  any  case  where  it  shall  become  necessary 
to  try  the  title  to  any  personal  property,  attending  such  jury,  and 
making  and  returning  the  inquisition,  one  dollar  and  fifty  cents. 

Summoning  a  foreign  or  special  jury,  pursuant  to  a  venire  for  that 
purpose,  and  returning  the  panel,  one  dollar  and  twelve  and  a  half 
cents. 

Summoning  a  jury,  pursuant  to  any  precept  or  summons  of  any 
officer  in  any  special  proceeding,  one  dollar;  and  for  attending  such 
jury,  when  required,  fifty  cents. 

Bringing  up  a  prisoner  upon  a  habeas  corpus,  to  testify  or  answer 
in  any  court,  one  dollar  and  fifty  cents;  and  for  traveling,  twelve 
and  a  half  cents  for  each  mile  from  the  jail. 

Attending  before  any  officer  with  the  prisoner,  for  the  purpose  of 
having  him  surrendered  in  exoneration  of  his  bail ;  or  attending  to 
receive  a  prisoner  so  surrendered,  who  was  not  committed  at  the 
time ;  and  receiving  any  such  piisoner  into  his  custody,  in  either  case, 
one  dollar. 

Attending  a  view,  one  dollar  eighty-seven  and  a  half  centn  per 
day ;  going  and  returning,  one  dollar  and  twenty-five  cents  per  day. 

Serving  an  attachment  against  the  property  of  a  debtor,  under  the 
provisions  of  the  statute  concerning  absconding,  concealed,  non-resi- 
dent, and  fraudulent  debtors,  or  against  a  ship  or  vessel,  fifty  cents, 


% 


FEES    OF    OFFICERS.  253 

with  such  additional  compensation  for  his  trouble,  and  expenses  in 
taking  possession  of  and  preserving  the  property  attached,  as  tlie  offi- 
cer issnino-  the  process  shall  certify  to  be  reasonable ;  and  where  the 
property  attached  shall  aftenvards  be  sold  by  the  Sheriff,  he  shall  be 
entitled"  to  the  same  poundage  on  the  sum  collected,  as  if  the  sale 
had  been  made  under  an  execution. 

Making  and  returning  an  inventory  and  appraisal,  such  sum  for  the 
appraisers  as  the  officer  issuing  the  attachment  shall  certify  to  be 
reasonable,  not  exceeding  one  dollar  per  day  to  each  appraiser. 

Drawing  such  inventory,  twenty-five  cents  per  folio ;  and  twelve 
and  a  lialf  cents  per  folio  for  the  copy  thereof 

Selling  any  property  so  attached,  and  advertising  such  sale,  the 
same  alloAvance  as  for  sales  on  executions. 

Executing  any  warrant  to  remove  any  person  from  lands  belong- 
ing to  tlie  people  of  this  State,  or  to  Indians,  such  sum  as  the  Comp- 
troller sliall  audit  and  certify  to  be  a  reasonable  compensation. 

Giving  notice  of  any  general  or  special  election,  to  tlie  Supen'isor, 
or  one  of  the  Assessors,  of  the  ditferent  towns  and  wards  of  hib 
countv,  one  dollar  for  each  town  or  ward,  and  the  expenses  of  pub- 
lishing the  notice  as  required  by  law,  to  be  paid  by  the  county. 

For  any  services  which  may  be  rendered  by  a  Constable,  the  same 
fees  as  are  allowed  to  Constables  for  such  services. 

For  any  peison  committed  to  prison,  and  every  person  discharged 
therefrom,  in  civil  cases,  twenty-five  cents  for  receiving,  and  twenty- 
five  cents  for  discharging,  to  be  paid  by  the  plaintiff  in  the  process. 

Summoning  Constables  to  attend  the  Supreme  Court,  or  any  other 
court,  'fifty  cents  for  each  Constable. 

Attending  the  Supreme  Court,  two  dollars  per  day.* 

For  mileage  on  every  execution,  six  cents  per  mile  for  going  only, 
to  be  computed  from  the  court  house. 

For  serving  executions  issued  by  the  Clerk  of  the  Coxmty,  upon  a 
judgment  rendered  by  a  Justice  of  the  Peace,  the  same  fees  as  are 
alloAved  to  Constables  in  the  like  cases. 

Taking  into  his  possession  any  wrecked  property,  and  selling  the 
same  at  public  auction,  his  reasonable  expenses,  to  be  settled  and 
alloAved  by  the  Judge  making  the  order  of  sale. 

Sumnioning  a  jury  in  any  case,  under  the  provisions  of  the  statute 
relating  to  absconding,  concealed,  non-resident,  insolvent,  or  impri- 
soned d?btors,  one  dollar  and  twelve  and  a  half  cents,  to  be  paid  by 
the  creditors. 

Making  the  ri^port  required  by  law,  after  the  adjournment  of  any 
Crimii;  il  Conit  of  Record  in  his  county,  a  reasonable  compensation, 
to  be  allowed  by  the  Board  of  Supervisors. 

For  e\'eiy  person  committed  to  prison  in  criminal  cases,  tliirty-seven 

»  A  .Sheritr  is  not  eniulcd  to  a  per  diem   j   Coiirlof  Sessions,  in  iiis  own  county.  (2  Hill, 
eompeii>aiion.  liir  amending  either  the  Cir-       411.) 
euit,  Oyer  and  Terminer,  County  Coiirl,  or   | 


254  KEW  clerk's  assistant. 

and  a  half  cents ;  for  every  prisoner  discharged,  thirty-seven  and  a 
half  cents. 

Summoning  a  grand  jury  for  a  Court  of  Oyer  and  Terminer,  or 
Court  of  Sessions,  ten  dollars. 

For  conveying  a  single  convict  to  the  State  Prison,  or  houses  of 
refuge,  for  each  mile  from  the  county  prison  from  which  such  con- 
vict shall  be  conveyed,  thirty-five  cents. 

For  conveying  two  convicts  for  each  mile  aforesaid,  forty-five  cents ; 
three  convicts,  fifty  cents ;  four  convicts,  fifty-five  cents ;  five  convicts, 
sixty  cents;  and  for  all  additional  convicts,  such  reasonable  allow- 
ance as  the  Comptroller  may  think  just;  which  said  allowance,  with 
one  dollar  per  day  for  the  mainteinance  of  each  convict,  whilst  on  the 
way  to  the  State  Prison,  but  not  exceeding  one  dollar  for  every  thirty 
miles  travel,  will  be  in  fuU  of  all  charges  and  expenses  in  the  pre- 
mises. 

For  selling  land  and  executing  conveyances,  in  pursuance  of  the 
decree  of  a  Court  of  Record,  the  same  fees  as  upon  sales  by  execution ; 
but  such  fees  are  in  no  case  to  exceed  ten  dollars.  If  the  party,  in 
whose  favor  the  decree  is  made,  bids  the  whole  amount  of  the  sale,  or 
anv  part  of  it,  or  if  the  whole  amount,  or  any  part,  be  credited  on 
the  decree,  the  fees  of  the  Sheriff  must  be  estimated  on  the  surplus, 
over  and  above  the  sum  so  bid,  or  credited ;  but  if  the  fees  in  such 
case  would  be  less  than  five  dollars,  and  if  estimated  on  the  whole 
amount  bid  on  the  sale  would  have  exceeded  that  sum,  the  Sheriff 
will  be  entitled  to  five  dollars.^ 


§  469.  Supervisor's  Fees. 

For  one  day's  attendance  upon  the  Board  of  Excise  in  his  town, 
one  dollar  and  twenty-five  cents. 

When  associated  with  the  Town  Superintendent  in  the  erection  or 
alteration  of  a  school  district,  one  dollar  and  twenty-five  cents  per 
day. 

Two  dollars  per  day  to  each  Supervisor,  for  attending  the  meetings 
of  the  board. 

For  all  necessary  travel  in  the  discharge  of  his  official  duties,  eight 
cents  per  mile. 

For  making  a  copy  of  the  assessment  roll  of  the  town,  and  making 
out  the  tax  bill  to  be  deUvered  to  the  Collector,  three  cents  each 
name,  for  the  first  one  hundred  names ;  two  cents  per  name  for  tne 
second  hundred  names ;  and  one  cent  per  name  for  each  name  over 
two  hundred.  But  a  Supervisor  is  not  entitled  to  the  per  diem 
allowance,  while  employed  in  copying  the  assessment  roll,  and  making 
out  the  tax  bill. 

«  See  Laws  of  1847.  chap.  280,  §  77. 


FEES    OF   OFFICERS.  255 

§  470.  Surrogate's  Fees} 

Drawing  proof  of  a  will  when  contested,  or  any  otter  proceeding 
before  him,  for  which  no  specific  compensation  is  provided,  fifteen 
cents  for  every  folio. 

Drawing  every  petition  in  any  proceeding  before  him,  not  other- 
wise pronded  for,  including  the  afiidant  of  verification,  fifty  cents. 

Every  certificate  of  the  proof  of  a  will,  when  contested,  endorsed 
thereon,  including  the  seal,  fifty  cents ;  and  for  any  certificate  upon 
exemplifications  of  records  or  papers  filed  in  his  office,  or  upon  the 
papers  transmitted  upon  appeal,  including  the  seal,  fifty  cents. 

Drawing,  copying,  and  approving  of  every  bond  required  by  law, 
fifty  cents. 

Drawing,  copying,  and  recording,  every  necessary  paper,  and 
drawing  and  entering  every  necessary  order,  and  for  rendering  every 
other  service  necessary  to  complete  proceedings  on  the  appointment 
of  a  general  guardian  for  a  minor,  three  dollars ;  and  for  like  services 
in  appointing  the  same  person  guardian  for  any  other  minor  of  the 
same  family,  at  the  same  time,  one  dollar  and  fifty  cents. 

Drawing,  entering,  and  filing  a  renunciation,  in  cases  where  the 
same  may  be  made  by  law,  twenty-five  cents. 

A  citation  or  summons,  in  cases  not  otherwise  provided  for,  to  aU 
parties  in  the  same  proceeding,  residing  in  any  one  county,  including 
the  seal,  fifty  cents;  and  for  a  citation  to  all  parties  in  any  other 
county,  twenty-five  cents. 

A  subpoena  for  all  witnesses  in  the  same  proceeding,  residing  in 
One  county,  including  the  seal,  twenty-five  cents. 

For  every  copy  of  a  citation  and  subpoena  furnished  by  a  Surrogate, 
twelve  and  a  half  cents;  and  every  such  copy  of  citation  shall  be 
signed  by  the  Surrogate. 

A  warrant  of  commitment  or  attachment,  including  the  seal,  fifty 
cents. 

A  discharge  of  any  person  committed,  including  the  seal,  fifty 
cents. 

For  drawing  and  taking  every  necessary  affidavit,  upon  the  return 
of  an  inventory,  fifty  cents. 

For  serving  notice  of  any  revocation,  or  other  order  or  proceeding 
required  by  law  to  be  served,  twenty -five  cents. 

For  swearing  each  witness,  in  cases  where  a  gross  sum  is  not  al- 
lowed, twelve  and  a  half  cents. 

For  searching  the  records  of  his  office  for  any  one  year,  twelves 
and  a  half  cents;  and  for  every  additional  year,  six  cents;  but  no 


I  The  fees  received  by  the  Surrogate,  after  I  277;  §§8,  9;  Laws  of  1849,  chap.  95;)  ud 
deducting  his  salary,  are  to  be  paid  over  to  |  an  account  thereof,  verified  by  affidani,  is  t« 
the  County  Treasurer,  on  the  first  Monday  of  I  be  rendered  lo  the  Board  of  Supemton,  at 
May  and  November,  (Laws  of  18-17,  chap.   |   iheir  annual  meeting. 


256  NEW  clerk's  assistant. 

more  than  twenty-five  cents  shall  be  charged  or  received  for  any  one 
search. 

Recording  every  wiU,  with  the  proof  thereof,  letters  testamentary, 
letters  of  administration,  report  of  commissioners  for  admeasurement 
of  dower,  and  every  other  proceeding  required  by  law  to  be  recorded, 
including  the  certificate,  if  any,  when  the  recording  is  not  specially 
pro^'ided  for  by  this  act,  ten  cents  for  every  folio. 

For  the  translation  of  any  will  from  any  other  than  the  English 
language,  ten  cents  for  every  folio. 

Copies  and  exemplifications  of  any  record,  proceeding,  or  order,  had 
or  made  before  him,  or  of  any  papers  filed  in  his  office,  transmitted 
on  an  appeal,  or  furnished  to  any  party  on  his  request,  six  cents  for 
every  folio,  to  be  paid  by  the  person  requesting  them. 

For  making,  drawing  entering,  and  recording,  every  order  for  the 
sale  of  real  estate,  and  every  final  order  or  decree  on  the  final  settle* 
ment  of  accounts,  one  dollar  and  fifty  cents ;  and  for  the  confirmation 
of  the  sale  of  real  estate,  seventy-five  cents ;  and  for  making,  draw- 
ing, entering,  and  recording,  any  other  order  or  decree,  when  the 
same  is  not  otherwise  provided  for,  twenty-five  cents. 

Hearing  and  determining,  when  the  proof  of  a  Avill,  or  the  right 
to  administration,  or  apppointing  a  guardian,  is  contested,  two  dollars. 

Taking,  stating  and  determining,  upon  an  account  rendered  upon 
a  final  settlement,  or  determining  and  deciding  the  distribution  of 
personal  estate,  if  contested,  two  dollars  for  each  day  necessaiily 
spent  therein,  not  exceeding  three  days. 

For  hearing  and  determining  any  objections  to  the  appointment  of 
an  executor  or  administrator,  or  any  application  for  his  removal,  or 
for  the  removal  of  any  guardian,  or  any  application  to  annul  the  pro- 
bate of  a  will,  two  dollars. 

For  hearing  and  determining  upon  an  apphcation  to  lease,  mort- 
gage, or  sell,  real  estate,  two  dollars. 

For  drawing  and  recording  all  necessary  papers,  and  drawing  and 
entering  all  necessary  orders  on  appUcations  for  letters  of  administra- 
tion, when  not  contested,  and  for  all  services  necessary  to  complete 
the  appointment  of  administrators,  and  for  the  appointment  of  ap- 
praisers, five  dollars:  but  in  cases  where  a  citation  is  necessary, 
sevent5^-five  cents  in  addition. 

For  investing  for  the  benefit  of  any  minor,  any ]egacies,or  the  dis- 
tributive shares  of  tlie  estate  of  any  deceased  person,  in  the  Stocks 
of  this  State,  or  of  the  United  States,  one  per  cent,  for  a  sum  not  ex- 
ceeding two  hundred  dollars,  and  for  any  excess,  one-quarter  of  one 
percent.;  for  investing  the  same  on  bond  and  mortgage  of  real 
estate,  one-half  of  one  per  cent,  for  a  sum  not  exceeding  two  hun- 
dred dollai-s,  and  one-quarter  of  one  per  cent,  for  any  excess. 

For  receiving  the  mterest  on  such  investments,  and  paying  over 


II 


FKKS    OF    OFFCERS.  257 

the  same  for  the  support  and  education  of  such  minor,  one-half  of 
one  per  cent 

Appointinfr  a  guardian  to  defend  any  infant  who  shall  be  a  party 
to  any  proceeding,  fifty  cents;  but  where  there  is  more  than  one 
minor  of  the  same  family,  and  the  same  guardian  is  appointed  for  all, 
twenty-five  cents  for  each  additional  minor;  and  no  greater  or  other 
fee  shall  be  charged  for  any  service  in  relation  to  such  appointment. 

Hearing  and  determining  upon  tlie  report  of  Commissioners  for 
ihe  admeasurement  of  dower,  one  dollar. 

For  distributing  any  monies  brought  into  his  office  on  the  sale  of 
real  estate,  two  per  cent ;  but  such  commission  shall  not  in  any  case 
exceed  twenty  dollars  for  distributing  the  whole  money  raised  by 
such  sale. 

But  no  fee  shall  be  taken  by  any  Surrogate  in  any  case  where  it 
shall  appear  to  him,  by  the  oath  of  the  party  applying  for  letters  tes- 
tamentary or  of  administration,  that  the  goods,  chattels,  and  credits, 
do  not  exceed  fifty  dollars,  nor  shall  he  take  any  fee  for  copying  any 
paper  drawn  by  him,  or  filed  in  his  office,  except  as  above  provided. 

For  drawing  and  recording  all  necessary  petitions,  deposilioris, 
xffidavits,  citations  and  other  papers,  and  for  drawing  and  entering 
all  necessary  orders  and  decrees,  administering  oaths,  appointing 
guardians  ad  litem,  and  apointing  appraisers,  and  for  rendering  every 
other  necessary  service  in  cases  of  proof  of  will,  and  issuing  letters 
testamentary,  when  not  contested,  and  the  will  does  not  exceed  fifteen 
folios.  Surrogates  shall  receive  twelve  dollars;  and  where  the  will 
exceeds  fifteen  folios,  ten  cents  per  folio  for  reeoi-ding  such  excess,  and 
six  cents  per  folio  for  the  copy  of  such  excess,  to  be  annexed  to  the  let- 
ters testamentary. 

For  all  fees  on  filing  the  annual  account  of  any  guardian,  where 
the  Surrogate  shall  draw  and  take  the  affidavit  of  the  giuirdian,  and 
for  examining  such  accounts,  fifty  cents;  but  where  the  same  shall 
not  be  drawn  nor  taken  by  him,  he  shall  eiiarge  no  fees. 

For  any  necesvsary  travel  required  under  the  law  of  1837,  con- 
cerning the  proof  of  wills,  tkc,  (Laws  of  1840,  chap.  460,  ^  69,) 
Surrogates  are  entitled  to  ten  cents  per  mile,  going  and  returning. 

No  fees  for  filing  any  paper  in  the  Surrogate's  office  can  be  re- 
quired ;  neitlier  can  any  charge  be  made  for  drawing,  copying,  or 
recording  his  bill  of  fees,  in  any  cjise. 


§  ill.  Siirveijor^s  Fees. 

For  actual  sennce  in  surveying,  laying  out,  marking  and  mapping, 
any  real  estite,  of  which  partition  shall  be  made  pursuant  to  law,  or 
of  wliich  dower  shall  be  admeasured,  two  dollars  and  fifty  cents  per 
day. 


17 


268  KEw  clerk's  assistant. 

For  each  of  his  necessary  chain  and  flag  bearers,  and  other  neces- 
Kuy  assistants,  one  dollar  per  day. 


§  472.  Town  Clerk's  Fees. 

For  filing  every  chattel  mortgage,  or  copy  thereof,  six  cents ;  for 
entering  the  names  and  numbering,  six  cents ;  searching  for  such 
papers,  six  cents  each ;  and  the  same  fees  for  certified  copies  thereof 
as  are  allowed  to  Clerks  of  counties  for  copies  of  records. 

Filing  and  entering  a  certificate  of  marriage,  twenty -five  cents ; 
and  ten  cents  for  a  copy  of  the  certificate,  or  of  the  entry. 

Entering  a  note  of  strays,  six  cents  each  for  all  neat  cattle  and 
horses,  and  three  cents  for  each  sheep ;  to  be  paid  by  the  person  de- 
b'vering  the  note. 

For  ser\'ices  as  Clerk  of  the  town  meeting,  one  dollar  and  twenty- 
five  cents  per  day. 

When  associated  with  the  Supervisor  and  Town  Superintendent, 
in  the  erection  or  alteration  of  a  school  district,  one  dollar  and  twenty- 
five  cents  per  day. 

Such  compensation  for  his  services  in  behalf  of  the  town,  includ- 
ing those  performed  as  Clerk  of  the  Town  Superintendent,  as  the 
board  auditing  his  account  shall  allow. 

For  drawing  a  jury  to  re-assess  damages  for  laying  out,  altering, 
or  discontinuing  a  highway,  fifty  cents. 

The  same  fees  for  advertising  and  selling  drifted  lumber  unclaimed, 
as  are  allowed  to  Constables  making  sales  on  executions  issued  out 
of  Justices'  Courts. 

To  the  Clerk  of  the  town  of  Queensbury,  for  entering  every  mark 
of  lumber,  twenty-five  cents. 


§  473.  Town  Collector's  Fees. 

For  collecting  and  receiving  taxes,  one  per  cent  on  every  dollar, 
and  one  cent  on  every  amount  of  tax  under  one  dollar,  if  paid 
within  thirty  days  from  the  first  posting  of  the  notice  required  by 
law ;  where  the  aggregate  amount  to  be  collected  does  not  exceed 
two  thousand  dollars,  the  collector  is  entitled  to  two  per  cent  as  his 
fees,  on  all  voluntary  payments  made  within  thirty  days. 

On  all  taxes  remaining  unpaid  after  the  expiration  of  the  said 
thirty  days,  such  compensation  as  may  be  voted  by  the  electors  at 
town  meeting,  not  exceeding  five,  nor  less  than  three  per  cent  For 
collecting  all  unpaid  taxes,  five  per  cent,  and  for  returning  unpad 
taxes,  two  per  cent,  to  be  allowed  by  the  County  Treasurer. 


FEES    OF    OFFICERS.  250 

To  the  Collector  of  the  town  of  Minen^a,  in  the  county  of  Essex, 
for  travel  fees  from  his  place  of  residence  to  the  office  of  the  County 
Treasurer,  thirty-seven  and  a  half  cents  per  mile ;  to  the  Collectors 
of  the  tOAvns  of  Keene  and  Schroon,  in  said  county,  foi  the  same, 
twenty-five  cents  per  mile ;  but  the  sum  to  be  paid  to  either  of  said 
Collectors,  shall  in  no  case  exeeed  the  sum  of  four  per  cent,  upon 
Ihe  amount  of  the  tax  on  the  lands  of  non-residents,  returned  by  such 
Collector. 


§  474.   Trustees  of  Absconding,   Concealed,  Nbn-Resident,  o-r 

Insolvent  Debtors. 

A  commission  of  five  per  cent,  on  the  whole  sum  which  shall  have 
come  into  their  hands,  and  all  the  necessary  disbursments  made  by 
them  in  the  dischage  of  their  duty. 


§  475.    Witnesses^  Fees. 

To  each  witness  in  a  Justice's  Court,  from  the  same  county,  sub- 
poenaed and  attending  before  a  Jiistice,  or  before  Commissioners  ap- 
pointed by  him,  twelve  and  a  half  cents ;  from  any  other  place  than 
ihe  same  county,  twenty-five  cents  for  every  day's  actual  attendance 

For  each  witness,  fifty  cents  for  each  day  while  attending  any 
court  or  officer,  (including  Canal  Appraisers,)  except  as  otherwise 
provided ;  and  if  the  witness  resides  more  than  three  miles  from  the 
place  of  attendance,  traveling  fees,  at  the  rate  of  four  cents  per  mile,, 
going  and  returning. 

For  every  witness  who  shall  appear  and  testify  before  any  Justice 
of  the  Peace  taking  depositions  to  be  used  in  courts  in  other  States, 
fifty  cents. 

To  any  person  attending  a  Court  of  Oyer  and  Terminer,  or  a  court 
of  Sessions,  as  a  witness  in  behalf  of  the  people,  upon  the  request 
of  the  public  prosecutor,  or  upon  a  subpoena,  or  by  \-irtue  of  a  re- 
cognizance, who  is  poor,  or  has  come  from  any  other  State  or  Terri- 
tory of  the  United  States,  or  from  any  p'oreign  country,  such  reason- 
able sum  for  his  expenses  as  the  court  may  direct 


CHAPTER  XIX. 

FENCE    YIEWEES. 

PRACTICAL      REMARKS. 

1.  The  Assessors  and  Commissioners  of  Highways  elected  in  any 
town,  are,  by  virtue  of  their  offices,  Fence  Viewers  of  such  town.' 

2.  Whenever  any  stray  has  not  been  claimed  and  redeemed,  Avithin 
the  time  prescribed  by  law,  it  is  the  duty  of  one  of  the  Fence  View- 
ers, on  receivino-  notice,  to  ascertain,  accordin"-  to  the  best  of  his 
knowledge  and  judgment,  the  reasonable  charges  of  keeping  such 
stray ;  a  certificate  whereof  is  to  be  given  to  the  person  applying  for 
the  same." 

3.  In  case  the  person  detaining  a  stray,  and  the  owner  thereof, 
cannot  agree  fis  to  the  charges  to  be  paid,  at  the  time  of  redeeming 
such  stray,  the  same  maj'  be  ascertained  and  certified  by  two  of  the 
Fence  Viewers  of  the  town,  to  be  selected  by  the  former.' 

4.  When  two  or  more  persons  have  lands  adjoining,  each  of  them 
must  make  and  maintain  a  just  proportion  of  the  division  fence  be- 
tween them,  except  the  owner  or  owners  of  either  of  the  adjoining 
lands  choose  to  let  such  land  lie  open.  When  a  pei'son  has  chosen 
to  let  his  land  lie  open,  if  he  afterwards  encloses  it,  he**  must  refund 
to  the  owner  of  the  adjoining  land,  a  just  proportion  of  the  value  at 
that  time  of  any  division  fence  that  may  have  been  made  by  such 
adjoining  owner,  or  build  his  proportion  of  such  division  fence.  The 
value  of  such  fence,  and  the  proportion  thereof  to  be  paid  by  such 
person,  and  the  proportion  of  the  division  fence  to  be  buiit  by  him, 
in  case  of  his  enclosing  his  land,  are  to  be  determined  by  any  two 
of  the  Fence  Viewers  of  the  town.  If  disputes  arise  between  the 
owners  of  adjoining  lands,  concerning  the  proportion  of  fence  to  be 
maintained,  or  made,  by  either  of  them,  such  disputes  may  be  set- 
tled by  any  two  of  the  Fence  Viewers  of  the  town.     When  any  of 


1  1  R.  S.  ("d  ed.)  383,  §  8.  I      >  1  R.  S.  (3J.  ed.)  401  ,§  21. 

«  IR.  S.  (3d.  ed.)401,§23.  | 


FSKCE   VIEWERS.  201 

ihe  above  mentioned  matters  are  submitted  to  Fence  Viewers,  each 
party  may  choose  one ;  and  if  either  neglect,  after  eight  day's  notice, 
to  make  such  choice,  the  other  party  may  select  botli.  The  Fence 
Viewers  must  examine  the  premises,  and  hear  the  allegations  of  che 
parties.  In  case  of  their  disagreement,  they  may  select  another 
Fence  Viewer  to  act  with  them,  and  the  decision  of  any  two  will  be 
final  upon  the  parties  to  such  dispute,  and  upon  all  parties  holding 
under  them.  The  decision  of  the  Fence  Viewers  must  be  reduced 
to  writing,  and  contain  a  description  of  the  fence,  and  of  the  propor- 
tion lo  be  maintained  by  each,  and  forthwith  filed  in  the  office  of  the 
Town  Clerk.' 

5.  If  any  person  liable  to  contribute  to  the  erection  or  reparation 
of  a  division  fence,  neglects,  or  refuses,  to  make  and  maintain  his 
proportion  of  such  fence,  or  permits  the  same  to  be  out  of  repair,  he 
cannot  maintain  any  action  for  damages  incurred,  but  will  be  liable 
to  pay  to  the  party  injured  all  such  damages  as  may  accrue  to  his 
lands,  and  to  the  crops,  fruit  trees,  and  shrubbery  thereon,  and  fix- 
tures connected  with  the  said  land,  to  be  ascertained  and  appraised 
by  any  two  Fence  Viewers  of  the  town,  and  to  be  recovered  with 
costs  of  suit ;  which  appraisement  must  be  reduced  to  writing,  and 
signed  by  the  Fence  Viewers  making  the  same,  but  will  be  only  ^jri- 
ma  facie  evidence  of  the  amount  of  the  damao-es.  If  such  neolect  Oi 
refusal  be  continued  for  the  period  of  one  month,  after  request  in 
writing  to  make  or  repair  such  fence,  the  party  injured  may  make  oi 
repair  the  same,  at  the  expense  of  the  party  so  neglecting  or  refus- 
ing, t«5  be  recovered  from  him,  with  costs  of  suit* 

6.  If  any  peison  who  has  made  his  proportion  of  a  di\nsion  fence,  be 
disposed  to  move  his  fence,  and  suft'er  his  lands  to  lie  open,  he  may, 
at  any  time  between  the  first  day  of  November  in  any  year,  and 
the  first  day  of  April  following,  but  at  no  other  time,  give  ten  days' 
notice  to  the  occupant  of  the  adjoining  land,  of  his  intention  to  ap^ly 
to  the  Fence  Viewers  of  the  town  for  permission  to  remove  his  fence ; 
and  if,  at  the  time  specified  in  such  notice,  any  two  of  such  Fence 
Viewers,  to  be  selected  as  aforesaid,  determine  that  such  fence  may 
with  propriety  be  removed,  he  may  then  remove  the  same.  If  any 
such  fence  be  removed  without  such  notice  and  permission,  the  party 
removing  the  same  will  be  liable  to  pay  to  the  party  injured,  all  such 
damages  as  he  may  sustain  thereby,  to  be  recovered  with  costs  of 
suit.  Whenever  a  division  fence  is  injured  or  destroyed,  by  floods 
or  other  casualtv,  the  pei-son  bound  to  make  and  repair  such  fence, 
or  any  part  thereof,  must  make  or  repair  the  same,  or  his  just  pro- 


1  1  n.  S.  (3.1  ed.)  402.  403,  §§30-36;  4  John-    1       a  i   r.  s.  (3d  cd.)403,  5§  37-39:  l,aw9  oi 
•on,  4U:  9  Id,  13(i-  17  Wendell,  330.  1S^«.  cluip.  201;  U   Wendell,  40;  18  Id  ,  213: 

3  11111,36. 


JC2  Nfiw  clerk's  assistant. 

portion  thereof,  within  ten  days  after  he  shall  be  thereunto  required 
by  any  person  interested  therein ;  such  requisition  shall  be  in  writing, 
and  signed  by  the  party  making  it.  If  such  person  refuse  or  neglect 
to  make  or  repair  his  proportion  of  such  fence,  for  the  space  of  ten 
days  after  such  request,  the  party  injured  may  make  or  repair  the 
same,  at  the  expense  of  the  party  so  refusing  or  neglecting,  to  be  re- 
covered from  him,  with  costs  of  suit' 

7.  Witnesses  may  be  examined  by  the  Fence  Viewers,  on  all  ques- 
tions submitted  to  them,  and  they  have  power  to  issue  subpoenas  for, 
and  to  administer  oaths  to  witnesses.' 

8.  When  any  distress  is  made  of  any  beasts  doing  damage,  the 
person  distraining,  within  twenty-four  hours  after  such  distress,  unless 
the  same  was  made  on  a  Saturday,  in  which  case,  before  the  Tues- 
day morning  thereafter,  must  apply  to  two  Fence  Viewers  of  thcj 
town,  to  appraise  the  damage,  who  are  required  immediately  to  r«-,- 
pair  to  the  place  and  view  the  damage  done ;  and  they  may  adminis- 
ter oaths  and  take  the  testimony  of  competent  witnesses,  in  order 
to  enable  them  to  ascertain  the  extent  of  such  damage.  The  Fence 
Viewers  then  certify  under  their  hands  the  amount  of  the  damag*.*, 
with  their  fees ;  and  if  any  dispute  arise,  touching  the  sufficiency  of 
any  fence  around  the  premises  where  the  damage  was  done,  they 
may  in  Kke  manner  inquire  into  the  same,  and  determine  such  dis- 
pute ;  wlaich  decision  will  be  conclusive.' 

9.  The  owner  of  any  sheep  or  lambs  tliat  may  be  kUled  or  injured 
"by  any  dog,  may  apply  to  any  two  Fence  Viewers  of  the  town,  who 
shall  inquire  into  the  matter,  and  view  the  sheep  injured  or  kiUed, 
and  may  administer  oaths  and  take  testimony  on  such  inquiry.  It 
they  are  satisfied  that  the  sheep  or  lambs  were  kUled  or  hurt  by 
dogs,  and  in  no  other  waj',  they  must  certify  such  fact,  the  number 
of  sheep  killed  or  hurt,  and  the  amount  of  the  damage  sustained  by 
the  owner,  together  with  the  value  of  the  sheep  killed  or  hurt* 

10.  If  the  parties  cannot  agree  as  to  the  amount  Si  the  damage 
sustained  by  the  owner,  or  possessoi',  of  land  on  which  floating  tim- 
ber or  lumber  has  drifted,  either  of  them  may  apply  to  any  two 
Fence  Viewers  of  the  town  in  which  such  timber  or  lumber  may  be 
found,  whose  duty  it  will  be,  after  hearing  the  proofs  and  allegations 
of  the  parties,  to  determine  the  amoimt  of  such  damage,  at  the  ex- 
pense of  the  owner  of  the  timber  or  lumber;  and  their  decision  will 
be  conclusive.  The  Fence  Viewers  may,  in  such  cases,  issue  process 
for  witnesses  on  behalf  .of  either  party,  and  administer  oaths  on 
taking  tlielr  testimony.* 


«  1  R.  S.  (3d  ed.)  403, 404,  H  40-13;  3  Wen- 
fell,  H-i. 
*  1  R.  S.  (3d  ed.)  404,  i  44. 


s  2  R.  S.  (3d  eJ.)  607,  608,  §S  1-3;  10  lou 
son  253,  369;  15  Id.,  220;  19  Id,  498 
«  I  R.  S.  (3d  ed.)  885,  ^  10. 
»1  R.  S.  (3d.  ed.)87r,  {J2,  3 


FENCE    VIEWERS.  tit 


FORMS. 

§  476.  Fence  Vietver's  Certificate,  where  Stray  has  not  been 
Claimed  or  Redeemed. 
Countv, ) 
Town  of  ',  P^- 

I,  the  undersigned,  one  of  the  fence  viewers  of  said  town,  do 
hereby  certify,  that  upon  the  application  of  A.  B.,  of  said  town, 
upon  wliose  enclosed  lands  the  following  stray  animals,  to  wit: 
\nariie  them,^  came,  on  or  about  the  day  of  ,18       , 

and  which  strays  have  since  that  time  been  kept  by  the  said  A.  B., 
and  now  remain  unclaimed  and  unredeemed,  I  have  ascertained,  ac- 
cording to  the  best  of  my  knowledge  and  judgment,  and  upon  due 
inquiry  and  examination,  the  reasonable  charges  of  keeping  such 
strays,  and  that  the  same  amount  to  the  sura  of  dollars  and 

cents  :  and  that  the  fees  for  nay  service  amount  to  dollars. 

Given  under  my  hand,  this  day  of  ,  18     . 

E.  F.,  Fence  Viewer. 


§  477.   Certificate  where  Parties  cannot  Agree  ijipon  the  Charges 
for  Keeping  Strays. 

County,  ) 
Town  of  ,p^- 

Whereas,  a  dispute  has  arisen  between  A.  B.  and  C.  D.,  of  said 
town,  concerning  the  reasonable  charges  of  keeping  the  following 
strays,  to  wit:  \_na.me  tlrnn,^  Avhich  came  upon  the  enclosed  lands  of 
the  said  A.  B.,  on  or  about  the  day  of  ,18, 

and  have  been  kept  by  him  since  that  time  until  the  date  hereof,  and 
which  are  now  claimed  by  the  said  C.  D. :  Now,  therefore,  we,  the 
undersigned,  two  of  the  Fence  Viewers  of  said  town  of  ,  do 

hereby  certify,  that  we  have  ascertahied  the  reasonable  charges  of 
keeping  said  strays,  after  due  inquiry  and  examination,  and  that  the 
same  amount  to  dollars  and  cents ;  and  that  the 

tees  for  our  service  amount  to  dollars. 

Given  under  our  hands,  this  day  of  ,18 

p  tt'  (■  Fence  Viewers. 


§  478.    Certificate  of  Value  of  Fence  Built  hy  an  Adjoining 
Owner. 
County,  ) 
Town  of  W"^'- 

Whereas,  A.  B.  and  C.  D.  were,  and   are,  the  owners  of  certain 
lands  adjoining,  in  said  town  of  ,  and  on  the  day  ol 


f 64  NEW  clkrk's  assistant. 

,18  ,  or  thereabouts,  the  said  A.  B.  erocted  a  division 
fence  between  the  land  belonging  to  him  and  that  of  the  said  C.  D., 
who  had  chosen  to  let  the  same  lie  open ;  and  whereas,  the  said  C. 
D.  has,  since  that  time,  enclosed  the  said  land  belonging  to  him,  and 
a  dispute  has  arisen  between  the  said  parties,  concerning  the  proper 
proportion  of  the  value  of  the  smd  division  fence,  to  be  p;ud  for  by 
the  said  C.  D. :  Now,  therefore,  we,  the  undersigned,  two  of  the 
Fence  VicAvers  of  said  town  of  ,  do  hereby  certify,  that  we 

have  made  due  inquiry  into  the  facts,  and  examined  the  premises; 
that  the  following  is  a  correct  description  of  the  fence  so  built  by  the 
said  A.  B.,  as  aforesaid,  to  Avit:  [give  description;]  that  the  value 
thereof,  at  the  time  of  building  the  same,  was  dollars;  and 

that  the  proper  proportion  of  said  value,  to  be  paid  by  the  said  C.  D. 
to  tlie  said  A.  B.,  is  dollars :  And  we  also  certify,  that  the 

fees  for  our  service  amount  to  dollars 

Given,  &c.,  [us  in  §  477.] 


§  479.    Certijicate  ti2')on  Hearing  Dispute  between  Owners  of 
Adjoining  Lands. 
County,  I 
Town  of  ,f^^' 

Whereas,  A.  B.  and  C.  D.  are  the  owners  of  certain  lands  adjoin- 
ing, in  the  said  town  of  ,  and  a  dispute  has  arisen  between 
them,  concerning  the  respective  proportions  of  a  division  fence  to  be 
maintmned,  [or,  made,]  by  them.  Now,  therefore,  we,  the  under- 
signed, P^nce  Viewers  of  said  town,  do  hereby  certifjj,  that  upon  the 
application  of  the  said  parties,  we  proceeded  to  examine  the  premises 
and  hear  the  allegations  of  the  said  parties ;  and  that  we  do  detei* 
mine  that  said  division  fence  be  built  as  follows,  to  wit:  [give 
description;]  that  one-third  part  of  smd  fence  is  the  proper  propoi-- 
tion  thereof  to  be  built  by  the  said  A.  B. ;  and  that  the  remaining 
two-thirds  is  the  proper  proportion  thereof  to  be  built  by  the  said 
C.  D. :  And  we  also  certify,  that  our  fees  for  our  service  amount  to 
dollars. 
Given,  &c.,  [as  in  §  477.] 


§  480.    Certijicate  of  Damages  where  Division  Fence  is  out  of 

Repair. 
County,  )    g. 
Town  of  ,  j      ■ 

We,  the  undersigned,  two  of  the  Fence  Viewers  of  said  town,  do 
hereby  certify,  that  upon  the  appUcation  of  A.  B.,  the  owner  of  land 
adjoining  the  land  of  C.  D.,  in  said  town,  to  ascertain  and  appraise 
certain  damages  alleged  to  have  been  incurred  by  the  said  A.  B.,  in 
consequence  of  the  neglect  [or,  refusal]  of  the  said  C.  D.  to  make 


VEKOB  VIEWERS.  265 

for,  maintain]  bis  proportion  of  a  division  fence  between  tlie  aforesaid 
ands,  we  proceeded  to  examine  the  premises;  and,  after  due  inquiry, 
and  examination  by  us  made,  we  do  determine  that  the  said  A.  B. 
has  sustained  damages  to  Iiis  land,  crops,  fruit  trees,  and  shrubbery 
[add  fixtures,  if  necessary^  in  consequence  of  the  neglect  [or,  refu- 
sal] of  the  said  C.  D.  to  make  [or,  maintain]  his  proportion  of  sucli 
division  fence  as  aforesaid ;  which  said  damages  we  have  ascertained, 
and  do  appraise  at  dollars. 

[Given,  «fec.,  as  in  §  477.] 


§  481.   Certificate  where  Cattle  are  Distrained  Doing  Damage. 
County,  I 
Town  of  ,\^' 

We,  the  subscribers,  Fence  Viewers  of  said  town,  having  been  ap- 
plied to  by  A.  B.,  of  said  town,  to  appraise  the  damages  done  by 
[give  the  number  and  descriiition  of  beasts,  as  near  as  mag  5e,]  dis- 
trained by  him  doing  damage  on  his  lands,  and  having  been  to  the 
place,  and  viewed  and  ascertained  the  damages,  do  hereby  certify  the 
amount  thereof  to  be  doUars  and  cents,  and  that  the 

fees  for  our  services  are  $  .     And  a  dispute  having  arisen  be- 

tween the  said  A.  B.,  on  the  one  part,  and  C.  D.,  on  the  other  part, 
touching  the  sufficiency  of  the  fence  along  the  east  side  of  the  orchard 
on  the  premises  of  the  said  A.  B.,  which  fence  was  shown  to  us  by 
the  said  parties ;  and  ha\ing  heard  their  allegations,  and  examined 
witnesses  in  relation  thereto,  we  decide  that  the  said  fence  is  good 
and  sufficient  [or,  bad  and  insufficient] 

Given,  <fcc.,  [as  in  §  477.] 


§  482.  Notice  and  Certificate  of  Consent  to  Remove  Division 

Fence. 
To  Mr  A.  B. : 

Take  notice,  that  I  shall  make  application  to  E.  F.  and  G.  H., 

two  of  the  Fence  Viewers  of  the  town  of  ,  on  the  day  of 

next,  [or,  mstant,]  for  permission  to  remove  the  division  fenc« 

between  the  land  occupied  by  you  in  said  town,  and  that  owned  and 

occupied  by  me,  lying  adjacent  thereto.'  C.  D. 

Dated  the  day  of  ,  18    . 


>  If  a  poriioa  only  of  the  diTision  fence  is  to  I  be  disturbed,  it  should  be  ptoticularly 

I  nated  in  the  notice. 


206  KKW  clbrk's  assistant. 

County, ) 
Town  of  ,[ 

We,  the  iindersigned,  two  of  the  Fence  Viewers  of  said  town,  do 
hereby  certify,  that  upon  tlie  application  of  C.  D.,  made  in  accord- 
ance with  a  notice,  of  wliich  the  above  is  a  copy,  duly  served  upon 
A.  B.,  therein  mentioned,  more  than  ten  days  before  this  day,  we 
have  examined  the  premises  where  the  division  fence  named  in  said 
notice  is  situate,  and  do  determine,  that  the  same  may,  with  propriety, 
bi«  removed. 

Given,  <kc.,  [as  in  §  477.] 


§  483.   Certificate  that  Sheep,  or  Lambs,  were  Killed  by  Dog». 
County,  ^gg. 
Town  of  ,  j      ■ 

We,  the  undersigned,  two  of  the  Fence  Viewers  of  said  town,  do 
hereby  certify,  that  upon  the  application  of  A.  B.,  the  owner  of  slieep, 
\or,  lambs,]  alleged  to  be  killed  by  dogs,  we  proceeded  to  inquire 
into  the  matter,  and  to  view  the  sheep  [or,  lambs,]  killed,  and  exam- 
ined witnesses  in  relation  thereto ;  and  that  we  are  satisfied  that 
sheep  \or,  lambs,]  belonging  to  the  said  A.  B.,  were  killed  by  dogs, 
and  in  no  other  manner;  and  we  also  certify,  that  the  amount  of 
damages  sustained  by  the  said  A.  B.,  in  consequence  of  the  kiUing 
of  said  sheep,  [or,  lambs,]  as  aforesaid,  is  dollar*  «ud 

cents ;  and  that  the  value  of  said  sheep  \or,  lambsj  is  dollars 

and  cents. 

Given,  '&c.,  \as  in  §  477.] 


CHAPTER  XX. 
FERRIES. 

PRACTICAL    REMARKS. 

1.  The  County  Court  in  each  of  the  counties  of  this  State  may 
grant  licenses  for  keeping  ferries  in  their  respective  counties,  to  as 
many  suitable  persons  as  they  tliink  proper ;  wliich  licenses  will  con- 
tinue in  force  for  a  term  to  be  fixed  by  the  court,  not  exceeding  three 
years.  No  such  hcense  can  be  granted  to  any  person  other  than  the 
owner  of  the  land  through  which  the  highway  adjoining  to  the  ferry 
shall  run,  unless  such  owner  neglect  to  apply  for  such  hcense,  after 
notice  has  been  given  to  him,  at  least  eight  days  before  the  sitting  of 
the  court,  of  the  intention  of  such  person  to  make  the  appUcation.' 

2.  Every  person  applying  for  a  license,  before  the  same  be  granted, 
must  enter  into  a  recognizance  to  the  people  of  this  State,  in  open 
coui't,  in  the  sum  of  one  hundred  dollars ;  which  recognizance  is  to 
be  forthwith  filed  with  the  Clerk  of  the  county.  Every  hcense  so 
granted,  must  be  entered  in  the  book  of  minutes  of  the  coiirt,  kept 
by  the  Clerk,  and  a  copy  thereof,  attested  by  him,  deUvered  to  the 
person  licensed.' 

3.  Whenever  the  waters  over  which  any  ferry  may  be  used,  divide 
two  counties,  a  hcense  obtained  in  either  will  be  sufficient  to  autho- 
rize the  person  obtaining  the  same,  to  transport  persons,  goods,  wares, 
and  merchandise,  to  and  from  either  side  of  said  waters.' 

4.  If  any  person  (except  within  the  counties  of  Essex  and  Clinton, 
the  counties  of  Orange,  Rockland,  and  Westchester,  and  the  coimties 
in  the  first  Senate  District)  use  any  ferry  for  transporting  across  any 


«  R.  S.  (3d.  ed.)  W2,  &13,  55  1-3  ;  11  Wen-   I       «  1  R.  S.  (3<1.  ed.)  643,  §J4t  5. 
^11,  590.  I      »  1  R.  S.  (3d.  ed.)  643,  5  6.. 


268  NEW  clerk's  assistant. 

river,  stream,  or  lake,  any  person,  or  any  goods,  chattels  or  eflfects, 
for  profit  or  hire,  unless  authorized  in  the  manner  above  provided, 
such  person  Avill  be  considered  guilty  of  a  misdemeanor;  and,  on 
conviction,  be  subject  to  such  fine,  for  the  use  of  the  county,  as  the 
Court  may  adjudge;  not  exceeding  twenty -five  dollars  for  each  of- 
fence. Where  any  offence  is  committed  on  waters  dividing  two 
counties,  the  person  so  offending  may  be  proceeded  against  in  each 
of  said  counties ;  but  the  fine  imposed  cannot  exceed  twelve  dollars 
and  fifty  cents  in  each  case.' 

5.  The  foregoing  provisions  of  the  statute  do  not  aflfect  or  alter 
the  ferries  granted  by  charter  to  the  corporations  of  Albany  and 
Hudson,  or  alter  or  impair  any  grants  made  by  this  State,  or  any 
legal  right  or  privilege  whatever,  belonging  to  any  individual  or  cor- 
poration, by  virtue  of  any  laws  of  this  State,  or  otherwise.' 

6.  The  owner  of  a  ferry  cannot  use  the  land  on  the  other  side  of 
the  stream,  unless  he  is  himself  the  owner  thereof,  for  the  purpose 
of  embarking  and  disembarking  passengers.' 

7.  The  public  have  an  interest  in  a  ferry ;  and  the  owners  thereof 
are  Uable  to  answer  in  damages,  if  they  should  refuse  to  transport 
an  individual  without  reasonable  excuse,  upon  being  paid  or  tendered 
the  usual  rate  of  fare.* 

8.  A  County  Court  has  power  to  grant  a  license  to  keep  a  ferry 
on  a  river,  although  the  jurisdiction  of  the  State  extends  oidy  to  th« 
centre  of  the  river.*  » 


FORMS. 

§  484.  Application  for  a  Ferry. 
To  the  Hon.,  the  County  Court  of  County : 

The  application  of  A.  B.,  of  the  town  of  ,  in  said  county  of 

,  respectfully  showeth :  That  he  is  [or,  that  C.  D.  is]  the 
owner  of  the  lands  in  said  town  through  which  the  public  highway 
runs,  leading  from  to  ,  over  and  across  the  lake, 

[or,  river ;]  and  that  a  ferry  ought  to  be  established,  for  th« 

convenience  and  accommodation  of  the  public,  upon  the  said  lake, 


1  1  R.  S.  (3d.  ed.)  643,  §S  8,  9 ;  5  Johnson,  I      »  3  Kent's  Commentaries  (2d  ed.)  421 
175  :  11  Wendell,  590.  ♦  3  Paige,  45. 

»  1  R.  S.  (3d  ed.)  C43,  5  10.  |     *  11  WendeU,  590 


FERRIES.  269 

Tor,  river:]  Wherefore,  the  undersigned  A.  B.,  hereby  makes  appli- 
cation to  the  said  court  to  grant  him  a  license  to  establish  such  ferry, 
on  his  compliance  with  the  provisions  of  the  sttitute  in  such  case 
made  and  provided;  [If  the  application  be  made  by  some  person 
other  than  the  oivncr  of  the  land,  insert  here:  the  said  C.  D.,  the 
owner  of  the  land  through  which  the  highway  runs,  as  aforesaid, 
having  neglected  to  apply  for  such  license,  after  due  service  of  the 
notice  required  by  law,  as  appears  by  a  copy  of  said  notice  and  the 
affidavit  of  service,  which  ai-e  hereunto  annexed.]     * 

Dated  the         day  of  ,  18     .  A.  B. 


§  485.  Notice  to  the  Owner,  and  Affidavit  of  Service, 
ToMr.  C.  D.: 

Su- :  You  will  take  notice  that  I  shall  apply  to  the  County  Court 
of  County,  at  the  next  term  of  said 'court,  to  be  held  at  the 

court  house  in  said  county,  on  the  day  of  next,  for  a 

license  to  be  granted  to  me  fo  keep  a  ferry  upon  the  lake,  [or, 

river,]  from  the  termination  of  the  highway  running  through  your 
land,  &c. :  [give  a  particular  description  of  the  site  of  the  ferry.^ 
Dated,  &c.  Yours,  tfec, 

A.  B. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,  that  on  the 
day  of  instant,  [or,  last  past,]  he  personally  served  C.  D. 

with  a  notice,  of  which  the  above  is  a  copy,  by  delivering  the  same 
to  him. 
Sworn  to  before  me,  this  )  A.  B. 

day  of      ,18     .) 

G.  H.,  Justice  of  the  Peace. 


§  486.  Recognizance. 
State  of  New  York,  )    g. 
County,  \ 
Be  it  remembered,  that  I,  A.  B.,  of  the  town  of  ,  in  said 

county,  do  hereby  acknoAvledge  myself  to  be  indebted  to  the  people 
of  the  State  of  New  York,  in  the  sum  of  one  hundred  dollars,  to  be 
well  and  truly  paid,  if  default  shall  be  made  in  the  condition  follow- 
ing: 

Whereas,  the  said  A.  B.  has  this  day  applied  to  the  County  Court 
of  the  said  county  of  ,  for  a  license  to  keep  a  ferry  upon  the 

lake,  [or,  nver,]in  the  town  of  ,  in  said  county:  Now, 

therefore,  the  condition  of  this  recognizance  is  such,  that  if  the  said 
A.  B.  sliall  faithfully  keep  and  attend  the  sjiid  feny,  provided  a 
license  shall  be  granted  for  that  purpose,  as  aforesaid,  with  such  and 


tlO  KKW  clerk's  assistant. 

so  many  suflBcient  and  safe  boats,  and  so  many  men  to  work  tha 
same,  as  shall  be  deemed  necessary,  together  "witli  sufficient  imple- 
ments for  said  ferry,  during  the  several  hours  in  each  day,  and  at 
such  several  rates,  as  the  court  granting  said  license  shall  from  time 
to  time  order  and  direct,  then  this  recognizance  shall  be  Yoid;  else 
to  remain  of  force. 

Subscribed  and  acknowledged  in  )  A-  B.     [u  s.] 

open  court,  this        day  of      ,  [• 
18     ,  before  me.  ) 

P.  v.,  Clerk  of  County  Court 


§  487.  License. 

At  a  County  Court  held  in  and  for  the 'county  of  ,  at  the 

court  house  in  said  county,  on  the  day  of  ,  A.  D.  18     : 

Present,  J.  P.  H.,  County  Judge : 

It  is  hereby  ordered  and  determined,  upon  the  application  of  A. 
B.,  for  that  purpose  made  to  this  court,  that  this  license  be  granted 
to  the  said  A.  B.,  to  keep  a  ferry  upon  the  lake,  [or,  river,] 

in  the  town  of  ,  in  said  county  of  ,  at  or  near  the  south- 

west corner  of  lot  number  ,  in  said  town,  [or,  as  the  case  may 

be,  describing  the  place  where  it  is  j^foposcd  to  have  the  ferry i\  for 
the  term  of  years  from  the  day  of  *  instant.     [If 

necessary  add:  And  it  is  further  ordered,  that  the  said  A.  B,  be 
allowed  to  collect  and  receive  ferriage  for  the  transportation  of  tra- 
vellers, property  and  effects,  over  and  across  the  said  ferry,  at  and 
after  the  following  rates,  viz^:  [give  the  prescribed  rates ;^  and  that 
he  shall  not  take,  or  require,  any  greater  sum  for  such  transporta- 
tion.] iV 

P.  v.,  Clerk 


^ss: 


§  488.   Certificate  of  Cleric  to  Annex  to  the  Copy. 

State  of  New  York, 
County,  ^ 

I,  P.  v..  Clerk  of  '  County  Court,  do  hereby  certify,  that  I 

have  compared  the  foregoing  [or,  annexed]  copy  of  a  license  with 
the  original,  this  day  entered  upon  the  records  of  the  said  court;  and 
Uiat  the  same  is  a  correct  transcript  therefrom,  and  of  the  whole  of 
such  original. 

In  testimony  whereof,  I  have  hereunto  affixed  my  name,  and  the 
seal  of  the  said  court,  this        day  of        ,  A.  D.  18    . 

[l.  8.]  P.  y^  ClerL 


CHAPTER  XXI. 


GIFTS. 


PRACTICAL     REMARKS. 

1.  Free  gifts,  or  voliintary  conveyances,  made  understandinglj-, 
•nd  without  fraud,  "will  be  upheld. 

2.  There  are  two  kinds  of  gifts  known  in  law,  viz :  ^f(8  inter  vi- 
vos, or  those  made  between  living  persons ;  and  gifts  causa  mortis,  or 
those  made  in  contemplation  of  death.^ 

3.  Delivery  is  essential,  both  at  law  and  in  equity,  to  the  validity 
of  every  gift  If  the  thing  given  be  not  capable  of  delivery,  th« 
title  must  be  passed  by  some  act  equivalent  to  it,  as  by  assignment, 
or  other  instrument  in  writing.' 

4.  Gifts  of  goods  and  chattels,  as  well  as  of  lands,  made  with  in- 
tent to  delay,  hinder,  or  defraud,  creditors,  are  void  as  against  any 
person  who  may  be  prejudiced  thereby.  Voluntary  settlements  of 
property,  upon  the  wife  or  children  of  the  party  making  the  same, 
are  also  void  as  to  existing  creditors.' 

5.  Gifts  made  in  expectation  of  death,  will  not  be  allowed  to  de- 
feat the  just  claims  of  creditors,  and  are  void  as  against  such  credit- 
ors, even  though  there  be  no  fraudulent  intent* 

6.  A  gift  of  personal  property  may  be  made  by  parol ;  it  is  a  safcf 
course,  however,  to  have  it  done  by  a  written  instrument* 


>  2  Kent's  Commentaries,  (2d  ed.)  433.  I  5  Cowen,  67:  8  Id.,  406;  4  W«>deU,  30«t  C 

»  2  Johnson,  52.  Hill,  438. 

•  2  R.  S.  (3d  ed.)  195,  «  1;  Id.,  197,  H  1-3;  «  2  Kent's  C^mnientarieB,  (3d  ed.)  441. 


172  KEW  clerk's  assistant. 


FORMS. 

§  489.   Gift  of  Personal  Estate,  hy  Deed. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  in  consid- 
eration of  the  natural  love  and  affection  Avliich  I  have  and  bear  for 
my  sister,  C.  B.,  and  also  for  divers  other  good  causes  and  considera- 
tions, me,  the  said  A.  B.,  hereunto  mo-sing,  have  given,  granted  and 
confirmed,  and  by  these  presents  do  give,  grant  and  confirm,  unto 
the  said  C.  B.,  all  and  singular  my  goods,  chattels^and  personal  es- 
tate, of  every  name  and  nature,  in  whose  hands,  custody,  or  posses- 
sion, soever,  they  be :  [or,  the  following  goods  and  chattels,  viz,  &c. ; 
describing  tkem:^  To  have  and  to  hold  all  and  singular  the  said 
goods,  chattels,  and  personal  estate  aforesaid,  [or,  goods  and  chattels,] 
unto  the  said  C.  B.,  her  executors,  administrators  and  assigns,  to  the 
only  proper  use  and  behoof  of  the  said  C.  B.,  her  executors,  admin- 
istrators and  assigns,  forever.  And  I,  the  said  A.  B.,  all  and  singu- 
lar the  said  goods,  chattels,  and  personal  estate  aforesaid,  [or,  goods 
and  chattels,]  to  the  said  C.  B.,  her  executors,  administrators  and 
assigns,  against  me,  the  said  A.  B.,  my  executors,  and  administrators, 
and  all  and  every  other  person  or  persons  whatsoever,  shall  and  will 
warrant,  and  forever  defend. 

In  witness  whereof,  I  have  hereunto  set^my  hand  and  seal,  this 
day  of  ,  A.  D.  18     . 

Sealed,  signed  and  delivered,  )  A.  B.         [l.  s.] 

in  presence  of  | 

G.  H. 


§  490.   The  Same,  of  Heal  Estate. 

This  indenture,  made,  <fec.,  between  A.  B.,  of,  &c.,  of  the  on© 
part,  and  R.  B.,  son  of  the  said  A.  B.,  of  the  other  part,  witnesseth: 
That  the  said  A.  B.,  as  well  for  and  in  consideration  of  the  natural 
love  and  affection  which  he,  the  Sfiid  A.  B.,  hath  and  beareth  unto 
the  said  R.  B.,  as  also  for  the  better  maintenance,  support  and  liveli- 
hood of  him,  the  said  R.  B.,  hath  given,  granted  and  confirmed,  and 
by  these  presents  doth  give,  grant  and  confirm,  unto  the  said  R.  B., 
his  heirs  and  assigns,  all,  <&c.,  [description:^  Together  with  all  and 
singular  the  hereditaments  and  appurtenances  thereunto  belonging, 
or  in  any  wse  appertaining;  and  the  reversion  and  reversions,  re- 
mainder and  remainders,  rents,  issues  and  profits  thereof,  and  all  the 
estate,  right,  title,  interest,  property,  claim  and  demand,  whatsoever, 
of  him,  the  said  A.  B.,  of,  in  and  to,  the  said  premises,  and  of,  in 
and  to,  every  part  and  parcel  thereof,  with  the  appurtenances :  To 
have  and  to  hold  all  and  singular  the  premises  hereby  granted  and 


NEW    CLKRK's    assistant. 

confirmed,  or  mentioned,  or  intended  so  to  be,  with  the  appurtenan- 
ces, unto  the  said  R.  B.,  his  heii-s  and  assigns,  to  the  only  proper  use 
and  behoof  of  him,  the  said  R  B.,  his  heirs  and  assij^ns,  forever. 
And  tiie  said  A.  B.,  for  himself,  his  heirs,  executors,  and  adminis- 
trators, doth  covenant,  &c. :  [For  the  necessary  covenants,  see  form^ 
of  conveyances  and  covenants.^ 

In  witness  whereof,  the  party  of  the  firet  part  hath  hereunto  set 
his  hand  and  seal,  the  day  and  year  above  written. 

Sealed,  «fec.,  [as  in  §  489.] 

jg  A.B.    [u  8.] 


CHAPTER    XXII. 
HIGHWAYS. 

PRACTICAL     REMARKS. 

>  The  electors  of  each  town  in  this  State  have  the  power,  at  their 
•»nnual  town  meeting,  to  determine,  by  resolution,  whether  there  shall 
Be  chosen  one,  or  three,  HighAvay  Commissioners:  if  only  one  be 
chosen,  he  possesses  all  the  powers,  and  discharges  all  the  duties,  of 
Commissioners,  as  provided  by  law.  Whenever  three  Commissioners 
are  chosen,  they  are  to  be  divided  by  lot,  by  the  canvassers,  into 
three  classes,  to  be  numbered  one,  two,  and  three,  who  hold  their 
offices,  respectivelly,  for  one,  two,  and  tliree  years ;  and  one  Com- 
missioner only  "will  thereafter  be  annually  elected,  who  will  hold  his 
office  for  three  years,  and  until  a  successor  be  duly  elected,  or  chosen. 

But  in  case  any  Commissioner  be  elected  to  fill  a  vacancy,  he  will 
hold  the  office,  only  for  the  unexpired  term ;  or,  if  appointed,  only 
untU  the  ensuing  toAvn  meeting.  Vacancies  in  the  office  of  Com- 
missioners are  to  be  supplied  until  the  next  succeeding  annual  town 
meeting,  by  an  appointment  in  writing,  under  the  hands  of  any  three 
Justices  of  the  Peace,  or  two  Justices  and  the  Supervisor  of  the 
town.  Where  there  are  two  vacancies  to  be  filled  at  any  town  meet- 
ing, the  canvass(!rs  must  determine  by  lot,  after  the  canvass,  the 
terms  for  wliich  they  shall  respectively  hold.' 

2.  Whenever  any  town  has  determined  on  having  three  Commis- 
sioners, but  desires  to  return  two,  or  have  but  one,  it  has  the  power 
to  do  so,  by  a  resolution  adopted  at  an  annual  town  meeting;  and 
when  such  resolution  has  been  adopted,  no  other  Commissioner  can 
be  elected  or  appointed,  until  the  terms  of  those  in  office  at  the  time 
of  adopting  the  resolution,  expire  or  become  vacant.  Such  Com- 
missioners will  be  authorized  to  act  until  their  respective  terms  be- 
come vacant  or  expire,  as  fully  as  if  the  three  Commissioners  con- 
tinued in  office." 

«    Laws  of  1345,  chap.  180,  ^2:  Laws  of    I        »   Laws  of  1847,  chap.  455. 
1847,  chap.  455.      '       ^        "    .  | 


HIGHWAYS.  SV5 

3.  Every  Commissioner  of  Highways  hereafter  to  be  elected,  or 
Appointed,  before  entering  upon  bis  duties,  and  witbin  ten  days  after 
notice  of  bis  election  or  appointment,  must  execute  to  tbe  Supernsor 
of  bis  town,  a  bond,  witb  two  sureties,  to  be  approved  by  tbe  Super- 
visor, by  an  endorsement  thereupon,  and  filed  with  him,  in  tbe  penal 
sum  of  one  thousand  dollars,^ 

4.  The  general  powers  and  duties  of  Commissioners  of  Highways 
are  as  follows,  m: 

1 .  To  give  directions  for  the  repairing  of  the  roads  and  bridges,  within 
their  respective  towns. ^ 

2.  To  regulate  the  roads  ah-eady  laid  out,  and  to  alter  such  of  them  as 
they,  or  a  majority  of  them,  deem  inconTenient: 

3'.  To  cause  such  of  the  roads  used  as  highways,  as  shall  have  been 
laid  out,  but  not  sufficiently  described,  and  such  as  shall  have  been  used 
for  twenty  years,  but  not  recorded,  to  be  ascertained,  described,  and  en- 
tered of  record,  in  the  Town  Clerk's  office:^ 

4.  To  cause  the  highways,  and  the  bridges  which  are  or  may  be 
erected  over  streams  intersecting  highways,  to  be  kept  in  repair:^ 

5.  To  divide  their  respective  towns  into  so  many  road  districts  as  they 
may  judge  convenient,  by  writing,  under  their  hands,  to  be  lodged  with 
the  Town  Clerk,  and  by  him  to  be  entered  in  the  town  book;  such  divi- 
sion to  be  made  annually,  if  they  think  it  necessary,  and  in  all  cases  to 
be  made  at  leait  ten  days  before  the  annual  town  meeting: 

6.  To  assign  to  each  of  the  said  road  districts  such  of  the  inhabitant* 
liable  to  work  on  highways  as  they  think  proper,  having  regard  to  prox- 
imity of  residence  as  much  as  may  be:^ 

7.  To  require  the  Overseers  of  Highways,  from  time  to  time,  and  as 
often  as  they  deem  necessary,  to  warn  all  persons  assessed  to  work  on 
highways,  to  come  and  work  thereon,  with  such  implements,  carriageB, 
cattle,  or  sleds,  as  the  said  Commissioners,  or  any  one  of  them,  may 
direct : 

8.  To  lay  out,  on  actual  survey,  such  new  roads  in  their  respective 
towns  as  they  may  deem  necessary  and  proper;  and  to  discontinue  such 
old  roads  and  highways,  as  shall  appear  to  them,  on  the  oaths  of  twelve 
freeholders,  of  the  same  town,  to  have  become  unnecessary.  (They 
cannot,  however,  lay  out  a  road,  without  the  consent  of  the  owner,throug'h 
any  orchard  of  the  growth  of  four  years,  or  more;  nor  over  a  garden 
cultivated  four  years;  nor  through  any  buildings,  or  any  fixtures  or 
erections  for  the  purpose  of  trade  or  manafaetures,  or  any  yards  or  en- 
closures necessary  for  their  use:  nor  through  any  enclosed,  improved, 
or  cultivated  lands,  without  the  consent  of  the  owner,  or  on  the  oath  of 
twelve  freeholders:)* 

!•.  To  render  to  the  board  of  town  auditors,  at  their  annual  meeting, 
an  account  in  writing,  stating  the  labor  assessed  and  performed  in  their 


>  Laws  of  1S45,  chap.  ISO,  §  3. 

"  1  11.  S.  (3(1.  e.l.)  016,  §  1 ;  9  Johnson,  349: 
17  III.,  452 ;  2  Hill,  467  ;  G  Id.,  4G3. 

»  2  Johnson,  421;  21  Wpmlcll,  491. 
_  «  17  Johnson,  451 ;  7  WemlcU,  474  ;  211111, 

ei9.  11.1 


6  4  Hill,  593. 

»  1  R.  S.  (3(1.  ed.)  628,  $69,  et  seq.;  4  Paige, 
5'i3;  6  1(1,83;  4  Cowcn,  190;  5  Wendell. 
3'^0;  6  1(1,401:  7  Id.,  204  ;  13  Id.,  310:  S 
Id.,  324,  300;  2  Hill,  443  ;  3  Id.,  45a 


276  NEW  clerk's  assistant. 

respectW"!  towns;  the  sums  received  by  them  for  fines  and  commutations, 
and  all  other  monies  received  under  Title  1  of  Chapter  16  of  Part  I.  o! 
the  Revised  Statutes;  the  improvements  which  have  been  made  on  the 
roads  and  bridges,  and  an  account  of  the  state  thereof;  and  a  statement 
of  the  improvements  necessary  to  bo  made:' 

10.  To  deliver  to  the  Supervisor  of  their  respective  towns  a  statement 
of  the  improvements  necessary  to  be  made  on  the  roads  and  bridges, 
togeth<}r  with  the  probable  expense  thereof,  which  is  to  bo  laid  by  him 
before  the  board,  at  their  next  meeting:' 

11.  To  administer  oaths  to  witnesses  or  jurors,  in  proceedings  had  by 
or  before  them.^ 

12.  To  cause  mile  boards,  or  stones,  to  be  erected,  where  not  already 
erected,  on  the  post  roads,  and  on  such  other  public  roads  as  they  may 
think  proper,  at  the  distance  of  one  mile  from  each  other,  and  with  such 
fair  and  legible  inscriptions  as  they  may  direct:* 

13.  To  cause  guide  posts,  with  proper  inscriptions  and  devices,  to  be 
erected  at  the  entcrsections  of  all  the  post  roads  in  their  town,  and  at 
the  intersections  of  such  other  roads  therein  as  they  may  deem  neees- 
iiary.' 

5.  The  Overseers  of  Highways  are  required  to  repair,  and  keep  in 
order,  the  highAvays  within  their  respective  districts ;  to  warn  all  per- 
sons assessed  to  work  thereori;  to  cause  the  noxious  weeds  on  each 
side  of  the  highway  to  be  cut  doAvn  or  destroyed,  out  of  the  high- 
way work,  twice  in  each  year  —  once  before  the  first  day  of  July, 
and  again  before  the  first  day  of  September ;  and  to  collect  all  fines 
and  commutation  money,  and  to  execute  idl  lawful  orders  of  tlie 
Commissioners.  It  is  also  the  duty  of  Overseers  to  make  another 
assessment,  in  addition  to  tliat  made  by  the  Commissioners,  on  the 
actual  residents  in  Uieir  respective  districts,  whenever  they  may  deem 
the  san'e  necessary,  in  order  to  keep  the  roads  in  repair;  such 
assessnit^nt  must  be  in  the  same  proportion,  as  near  iis  may  be,  and 
not  excet^ding  one-third  of  the  number  of  days  assessed  by  the  Com- 
missioners. It  is  the  further  duty  of  every  Overseer,  once  in  each 
month,  from  the  first  day  of  April  until  the  first  day  of  December,  to 
cause  all  the  loose  stones  lying  on  the  beaten  track  of  every  road  with- 
in his  district,  to  be  removed ;  to  keep  up  and  renew  the  monuments 
erected  as  the  boundaries  of  higliways ;  to  m»intain  and  keep  in  re- 
pair, at  the  expense  of  the  town,  such  guide  posts  as  may  have  been 
erected  by  the  Commissioners;  and  whenever  the  moneys  received 
from  commutations  and  tines  are  not  suflScient  to  defray  the  expense 
of  procuring  scrapers  and  plows,  or  either  of  them,  when  directed 
by  the  (^(jmmissioners,  to  assess  the  deficiency  upon  the  inhabitants 
of  the  district,  according  to  the  last  assessment  roll  of  the  town. 
Vacancies  in  the  office  of  Overseer  arc  to  be  fiUed  by  the  Commis- 


1  IR.  S.  (3ded.)617.  »3.  I      «  1  R.  S.  (3d  ed.)  617,  S  6. 


1  R.  S.  (3d  ed.)  617,  §  4  ;  1  nill.  Sa  »  1  R.  S.  (Sd  ed.)  CIS, 

•  lAW8  of  IMS,  chap.  180,  S  2. . 


HIGHWAYS. 


m 


sioners,  under  a  warrant  to  be  filed  in  the  office  of  the  Town  Clerk, 
who  is  required  to  give  notice  to  the  person  appointed.  If  an  Over- 
seer neglects  or  refuses  to  perform  his  duty,  the  Commissioners  are 
required  to  prosecute  him  for  the  same :  if  a  complaint  be  made  by 
a  person  resident  in  the  town,  such  person  must  give,  or  offer,  suffi- 
cient securit}'  to  indemnify  the  Commissioners  against  costs,  Avho  are 
thereupon  forthwith  to  prosecute  the  Overseer  for  the  oftcnce  com- 
plained of 

6.  Every  person  owning,  or  occupying  land,  in  the  town  in  which 
he  or  she  resides ;  every  male  inhabitant  above  the  age  of  twenty-one 
years,  residing  in  the  town  where  an  assessment  is  made ;  and  all 
moneyed  or  stock  coi-porations  which  appear  on  the  last  assessment 
roll  of  their  town  to  have  been  assessed  therein;  are  to  be  assessed 
to  work  on  public  highways  in  such  town :  the  lands  of  non-residents 
are  also  to  be  assessed  for  highway  labor.'' 

7.  Each  Overseer  of  Highways  is  required  to  deliver  to  the  Clerk 
of  the  town,  within  sixteen  days  after  his  election  or  appointment,  a 
list,  subscribed  by  him,  of  the  names  of  all  inhabitants  in  his  road 
district,  liable  to  work  on  highways.' 

8.  The  Commissioners  of  Highways  are  to  meet  within  eighteen 
days  after  their  election,  at  the  place  of  holding  the  town  meeting, 
on  such  day  as  they  may  agree  on,  and  afterwards,  at  such  other 
times  and  pfaces  as  they  may  think  proper.  The  lists  of  the  Overseers 
arc  to  be  delivered  to  them  by  the  Town  Clerk;  and  at  their  next,  or 
some  subsequent  meeting,  they  are  to  ascertain,  estimate  and  assess, 
the  highway  labor  to  be  performed  in  their  town  the  then  ensuing  year, 
as  follows:  The  whole  number  of  days'  work  to  be  assessed  in  each 
year  must  be  at  least  three  times  the  taxable  number  of  inhabitants  in 
the  town;  every  male  inhabitant,  being  above  the  age  of  twenty-one 
years,  (excepting  ministers  of  the  </"^spel  and  priests  of  every  denomi- 
nation, paupers,  idiots  and  lunatics,^  must  be  assessed  at  least  one  day ; 
the  residue  of  the  work  is  to  be  apportioned  upon  the  real  and  personal 
estate  of  every  inhabitant,  as  the  same  may  appear  in  the  last  assess- 
ment roll  of  the  town;  and  upon  each  tract,  or  parcel  of  land, 
owned  by  non-residents :  all  deficiencies  in  the  number  of  days'  work 
are  to  be  assessed  in  the  same  manner.  The  Commissioners  must 
also  affix  the  number  of  days'  work  assessed,  to  the  name  of  each 
person  mentioned  in  the  lists  furnished  by  the  Overseers,  and  to  the 
description  of  each  tract,  or  parcel,  of  non-resident  lands;  such  lists, 
when  completed,  are  to  be  filed  with  the  Town  Clerk,  who  is  re- 


•  1  R.  S.  (3(1.  cd.)  CI7,  618,  §JC-8;  Id.,  CM, 
M  10-12;  Id.,  (119,  §  17;  10  Johnson,  470;  11 
Id.,  4:i2;  17  Id.,  4.'59;  13  Td.,  407;  1  (Jowe.i, 
261);  3  Wendell,  19:5;  7  Id.,  161:  U  Id.,  C67: 
19  liL,  50;  0  Uill,  ilo. 


5  1  R.  S.  (3d.  ed.)  6'20,  §  19;  Laws  of  1337, 
chap.  431;  12  Wendell,  390. 
3  1  U.  S.  (3a.  cd.)  620,  J  21. 


278  KKW  clerk's  assistant. 

quired  to  make  copies  of  each  list,  to  be  subscribed  by  the  Commis- 
sioners, and  delivered  to  the  Overseers.' 

9.  At  the  first,  or  any  subsequent  meeting,  of  the  Commissioners, 
they  are  required  to  make  out  a  list  and  statement  of  all  lots,  pieces, 
or  parcels  of  land,  owned  by  non-residents  in  their  several  towns; 
describing  each  lot,  in  the  same  manner  as  is  required  from  Asses- 
sors ;  and  gi\ing  the  value  affixed  to  such  lot  in  the  last  assessment 
roll  of  the  town,  or,  if  not  separately  valued  in  such  roll,  then  the 
proportionate  value  thereof  Lands  of  non-residents  occupied  and 
improved  by  the  owner  or  owners,  or  his  or  their  servants  or  agents, 
are  liable  to  the  same  assessment  for  highways  as  if  the  owner  or 
owners  were  residents.  Whenever  any  non-resident  owner  conceives 
(limself  aggrieved  by  the  assessment  of  the  Commissioners  of  High- 
ways, an  appeal  may  be  made  by  such  owner,  or  his  agent,  within 
thirty  days  after  such  assessment,  to  three  Judges  of  the  county  in 
wliich  the  land  is  situated,  who  are  required,  \\athin  twenty  -days 
thereafter,  to  convene,  and  decide  on  such  appeal:  Notice  of  the 
meeting  is  to  be  given  by  the  owner,  or  agent,  to  the  Commissioners, 
and  the  decision  of  the  Judges,  or  of  any  two  of  them,  AnU  be  final.* 

10.  It  is  the  duty  of  Commissioners  of  Highways  to  credit  persons 
living  on  private  roads,  and  working  the  same,  so  much  on  their  as- 
sessments as  such  Commissioners  may,  deem  necessary  to  work  such 
private  roads;  or  to  annex  the  same  to  some  of  the  highway  dis- 
tricts.' 

11.  Every  person  hable  to  work  on  highways,  except  an  Overseer, 
may  commute  for  the  whole,  or  any  part  of  the  number  of  days  as- 
sessed to  liim,  at  the  rate  of  sixty-two  and  a  half  cents  for  each  day, 
to  be  paid  within  twenty-four  hours  after  being  notified  to  appear  and 
work.'* 

12.  Overseers  are  required  to  give  twenty-four  hours,  notice  to 
persons  assessed  to  work  on  highways.  No  person,  being  a  resident 
of  a  town,  can  be  required  to  work  on  any  highway,  except  in  the 
district  where  he  resides,  unless,  upon  his  appfication,  the  Commis- 
sioners consent  that  he  may  apply  his  work  in  some  district  where 
he  has  land.  Overseers  may  require  from  persons  having  the  same, 
who  are  assessed,  and  have  not  commuted,  a  team ;  or  a  cart,  wagon, 
or  plow,  Avith  a  pair  of  horses,  or  oxen,  and  a  man  to  manage  them ; 
and  the  person  furnisliing  the  same  will  be  entitled  to  a  credit  of 
three  days,  for  each  day's  service  therewith.' 

1 3.  The  fine  for  a  refusal,  or  neglect,  to  appear  and  work  when 
notified  by  the  Overseer,  is  one  dollar  for  each  day ;  and  twelve  and 


1  1  R.  S.  (3d.  ed.)  620,  §§  20.  23,  24 ;  Id.,  I  »  1  R.  S.  (3d.  ed.)  623,  §  33  ;  Laws  of  183* 

623,  S36;  Laws  of  1835,  chap.  154.  |  chap.  154. 

*  I  R.  S.  (3d.  ed.)620,  5  22,  elBeil.;  Id.,446,  I  *  1  R.  S.  (3d.  ed.)  624.  §§44,45. 

{^  n-13.  »  1  U.  S.  (3d.  ed.)  624,  ^4  41,  46. 


HIGHWATS.  2tt 

a  half  cents  for  every  hour  any  person  or  his  substitute  may  be  in  de- 
fault Eveiy  person,  or  substitute,  remaining  idle,  or  not  working 
faithfully,  or  hindering  others  from  work,  is  liable  to  be  fined  one 
dollar  for  each  offence.  If  a  person,  required  to  furnish  a  team,  car- 
riage, man,  or  implements,  neglects  or  refuses  to  comply,  he  may  be 
fined  three  dollars  for  each  day,  for  wholly  omitting  to  comply  wi:h 
the  requisition ;  and  one  dollar  for  each  day,  for  omitting  to  furnish 
a  cart,  wagon,  or  plough,  or  a  pair  of  horses,  or  oxen,  or  a  man  to 
manage  the  team.  Overseers  are  required  to  make  complaint  on 
oath,  to  one  of  the  Justices  of  the  Peace  of  the  town,  "wnthin  six  days 
after  any  person  assessed  shall  be  guilty  of  any  refusal  or  neglect, 
for  which  a  penalty  or  fine  is  prescribed,  unless  some  satisfactory 
excuse  be  rendered.^ 

14.  The  Commissioners  of  Highways  are  required  to  present  a 
statement  to  the  Supervisors  of  their  respective  towns,  showing  the 
amount  of  money  necessary  to  be  raised  for  improving  the  roads  and 
bridges :  this  statement  is  to  be  laid  before  the  Board  of  Supervisors, 
who  are  directed  to  assess,  levy  and  collect,  the  amount  therein  speci- 
fied, not  exceeding  two  hundred  and  fifty  dollars  in  any  one  year,  in 
the  same  manner  as  other  town  charges.  The  electors  of  any  town 
may  direct  an  additional  sum  of  two  hundred  and  fifty  dollars,  in  any 
one  year,  to  be  raised,  if  the  Commissioners  deem  it  to  be  necessary, 
and  make  appUcation  for  that  purpose  at  the  annual  town  meeting; 
notice  of  which  application  must  be  given  by  the  Commissioners,  at 
least  four  weeks  preceding  the  town  meeting,  to  be  posted  up  in  at 
least  five  of  the  most  pubhc  places  in  the  town.  The  vote  directing 
the  last  mentioned  sum  to  be  raised,  must  be  recorded  in  the  minutes, 
and  the  Town  Clerk  is  required  to  deliver  a  copy  of  the  resolution 
to  the  Supervisor,  to  be  laid  by  him  before  the  board,  and  the  amount 
specified  therein  is  to  be  collected  as  above  provided.  The  Board  of 
Supervisors  may  also  cause  to  be  levied,  collected,  and  paid,  in  like 
manner,  such  sum  of  money,  in  addition  to  the  two  sums  above  men- 
tioned, not  exceeding  five  hundred  dollars  in  any  one  year,  as  a  ma- 
jority of  the  qualified  voters  of  any  town  may  have  voted,  at  any  legal 
town  meeting,  to  be  raised  in  their  town,  for  constructing  roads  and 
bridges  therein:  a  written  notice  of  the  application  to  raise  such 
amount,  must  be  posted  on  the  door  of  the  house  where  the  town 
meeting  is  to  be  held,  and  at  three  public  places  in  the  town,  for  two 
weeks  before  the  town  meeting,  and  also  be  openly  read  to  the  electors 
present,  immediately  after  the  opening  of  the  meeting.  The  Board 
of  Supenisors  of  any  county,  also,  have  the  power  to  authorize  a 
town,  by  a  vote  of  such  town,  to  borrow  any  sum  of  money,  not  ex- 
ceeding four  thousand  dollars  in  one  year,  to  build  or  repair  any 


>  IR.  S.  (3d.ed.)625,  S47,eisea.    1  lihnson  515  ;  3  Id.,  474;  5  Id.,  126;  10  Id.,  470. 


tso 


KKW  CUEKK'S   assistant. 


roads  or  bridges  in  such  town,  and  prescribe  the  lime  for  the  pay- 
ment of  the  same,  which  time  shall  be  within  ten  years,  and  fc* 
assessino-  the  principal  and  interest  tliereof  on  such  town.' 

15.  Whenever  any  damages  are  allowed  to  be  assessed  by  law, 
when  any  road  or  liighway  shall  be  laid  out,  altered,  or  discontinued, 
in  whole  or  in  part,  such  damages  shall  be  assessed  by  not  less  than 
three  Commissioners,  to  be  appointed  by  the  County  Court  of  the 
county  in  which  such  road  or  highway  shall  be,  on  the  application  of 
llie  Commissioner  or  Commissioners  of  the  town ;  and  the  Commis- 
sioners so  appointed  shall  take  the  oath  of  office  prescribed  by  the 
constitution,  and  shall  proceed,  on  receiving  at  least  six  days' notice 
of  the  time  and  place,  to  meet  the  Highway  Commissionei-s,  and  take 
a  view  of  thepremises,  and  hear  the  parties,  and  such  witnesses  as  may 
be  offered  before  them ;  and  they  shall  all  meet  and  act,  and  shall 
assess  all  damages  which  may  be  required  to  be  assessed  on  the  samf" 
highway,  and  shall  be  authorized  to  administer  oaths  to  all  witnesses 
produced  before  them.  When  all  the  Commissioners  shall  have  met 
and  acted,  the  assessment  agreed  to  by  a  majority  of  them  will  be 
valid ;  and  when  made,  it  is  to  be  delivered  to  a  Commissioner  of 
Highways  of  the  town,  who  is  recjuired  to  file  it  within  ten  days  after 
receiving  it,  in  the  office  of  the  Town  Clerk.  Any  person  conceiving 
himself  ao-orieved,  or  the  Commissioner  or  Commissioners  of  Hioh- 
ways  of  tlie  town,  feeling  dissatisfied  by  reason  of  any  such  assess- 
ment, may,  within  twenty  days  after  the  fifing  thereof,  as  aforesaid, 
signify  the  same  by  notice  in  writing,  and  serving  the  same  on  the 
Town  Clerk  and  on  the  opposite  party,  that  is,  the  persons  for  whom 
the  assessments  were  made,  or  the  Commissioner  or  Commissioners 
of  Highways,  as  the  case  may  be,  asking  for  a  jury  to  re-assess  the 
damages,  and  specifying  a  time,  not  less  than  ten,  nor  more  than  twenty 
days  from  the  time  of  fifing  the  said  assessment,  when  the  jury  will 
be  drawn  at  the  Clerk's  office  of  an  adjoining  town  of  the  same 
county,  by  the  Town  Clerk  thereof  The  notice  must  be  served  upon 
the  opposite  party,  as  aforesaid,  within  three  days  after  the  service 
upon  the  Town  Clerk,  and  may  be  served  personally,  or  by  leaving 
the  same  at  the  dwelfing  house  of  the  party,  with  some  person  in 
charge  thereof,  or,  if  there  be  no  such  person,  or  the  house  be  closed, 
then  by  affixing  the  same  to  the  outer  door  of  the  said  dwelling 
house.^ 

16.  Three  days' previous  notice  that  a  jury  is  to.be  drawn,  must 
be  served  by  the  person  or  party  asking  a  re-assessment,  on  the  Town 
Clerk  of  the  adjoining  town ;  and  at  the  time  and  place  specified  in 
such  notice,  said  Clerk  will  deposit  in  a  box  the  names  of  all  persons 
then  resident  of  the  town,  whose  names  are  on  the  last  jury  Ust,  and 


>  1  R.  S.  (3d.  ed.)  617,  §.4;  Laws  of  1832, 
ehap.  274  ;  Laws  o(  1838,  chap.  314  ;  1  Hill, 
60  i  Laws  of  1649,  chap.  lU 


«  Laws  of  1845,  ehap.  180;  Lawaori847. 
chap.  4&S. 


mOHWJLTB.  281 

who  are  not  interested  in  the  lands  through  which  such  road  shall 
be  located,  nor  of  kin  to  either  or  any  of  the  parties,  and  draw  there- 
from the  names  of  twelve  jurors.  The  Clerk  is  required  to  make  a 
certificate  of  the  drawing,  setting  forth  the  names,  and  the  purposes 
for  which  they  are  drawn,  which  is  to  be  delivered  to  the  party  ask- 
ing for  the  re-assessment.* 

17.  The  party  receiving  the  certificate  as  aforesaid,  must  deliver 
the  same,  within  twenty-four  hours  thereafter,  to  a  Justice  of  the 
Peace  of  the  town  wherein  the  damages  are  to  be  assessed,  by  Avhom 
a  summons  is  to  be  forthwith  issued  to  one  of  the  constables  of  the 
town,  directing  him  to  summon  the  persons  named  in  the  certificate 
of  the  Town  Clerk,  and  specifying  a  time  and  place  for  them  to  meet, 
which  must  not  be  within  twenty  days  from  the  time  of  filing  the 
original  assessment  in  the  ofiice  of  the  Town  Clerk.  On  the  appear- 
ance of  the  persons  summoned,  the  Justice  who  issued  the  summons 
will  draw  by  lot  six  of  those  attending,  to  serve  as  a  jury,  and  the 
first  six  drawn,  who  are  free  from  legal  exceptions,  shall  constitute  such 
jury.  The  jurors  are  to  be  sworn,  well  and  truly  to  determine  and 
re-assess  such  damages  as  shall  be  submitted  to  their  consideration ; 
they  are  to  take  a  ^iew  of  the  premises,  hear  the  parties,  and  such 
witnesses  as  may  be  produced,  who  are  to  be  sworn  by  the  Justice, 
and  render  their  verdict  in  writing  under  their  hands.  Such  verdict 
will  be  certified  by  the  Justice,  and  deHvered  to  the  Commissioners 
of  Highways  of  the  town ;  and  the  same  will  be  final." 

18.  In  all  cases  of  assessments  under  the  foregoing  provisions,  the 
costs  thereof  will  be  paid  by  the  town  in  Avhich  the  damages  shall  be 
assessed ;  and  in  cases  of  re-assessments  by  a  jury,  on  the  application 
of  the  Commissioners  of  Highways,  if  the  first  assessment  be  reduced, 
the  costs  of  such  first  assessment  Avill  be  paid  by  the  party  claiming 
the  damages,  but  if  not  reduced,  then  by  the  town.  "Where  a  re- 
assessment is  had  on  the  application  of  a  party  claiming  damages,  if 
the  damages  be  increased,  the  costs  shall  be  paid  by  the  town,  but 
if  not,  they  shall  be  paid  by  such  party.  Where  several  persons  be- 
come liable  for  costs,  they  are  so  liable  in  proportion  to  the  amount 
of  damages  respectively  assessed  to  them  by  the  first  assessment* 

19.  When  apphcations  are  made  by  tAvo  or  more  persons  for  a  jury 
to  re-assess  damages,  such  jury  Avill  be  drawn  and  summoned  in  ac- 
cordance with  the  notice  first  served  upon  the  Clerk  of  the  town  in 
which  the  damages  are  to  be  assessed.'* 

20.  Any  person  conceiving  himself  aggrieved  by  any  determina- 
tion of  the  Commissioner  of  Highways,  either  in  laying  out,  altering 
or  discontinuing  any  road,  or  in  refusing  to  lay  out,  alter  or  discon- 


>  Laws  of  1847,  chap.  455.  I     *  L«w«  of]  847,  chap.  455. 

•  Laws  of  1847,  chap.  455.  |     «  Laws  of  1347,  chap.  4*6. 


282  NEW  clerk's  assistajit. 

tinue,  any  road,  may,  at  any  time  within  sixty  days  after  such  determi- 
nation shall  have  been  filed  in  the  office  of  the  Town  Clerk,  appeal 
to  the  County  Judge  of  the  county.  Such  Judge,  or,  if  he  be  a 
resident  of  the  toAvn,  or  be  interested  in  the  lands  through  which  the 
road  is  laid  out,  or  of  kin  to  any  of  the  persons  interested  in  such 
lands,  or  in  case  of  his  disability  for  any  cause,  then  one  of  the  JustJ- 
ces  of  the  Sessions  shall,  after  the  expiration  of  the  said  sixty  days, 
appoint  in  writing  three  disinterested  freeholders,  who  shall  not  have 
been  named  by  the  parties  interested  in  the  appeal,  and  who  shah 
be  residents  of  the  county,  but  not  of  the  town,  in  which  the  road  is 
located,  as  referees  to  hear  and  determine  all  the  appeals  that  may 
have  been  brought  within  the  said  sixty  days.  The  Judge,  or  Jus- 
tice, must,  also,  notify  the  referees  of  their  appointment,  and  deMver 
to  them  all  papers  pertaining  to  the  matters  referred  to  them.' 

21.  Upon  receiving  notice  of  their  appointment,  the  referees  are 
authorized  to  hear  and  determine  the  appeal  or  appeals  referred  to 
them ;  but  before  proceeding  to  hear  the  same,  they  must  be  sworn 
by  some  officer  authorized  to  take  affidavits  to  be  read  in  courts  of 
record,  faithfully  to  hear  and  determine  the  matters  so  referred  to 
them.  The  decision  of  such  referees  must  be  filed  in  the  office  of 
the  Town  Clerk  in  which  the  road  is  located,  and  be  carried  into 
effect  by  the  Commissioners  of  Highways.  Such  decision  cannot 
be  altered  within  four  years  from  the  time  of  filing  the  same.  The 
fees  of  the  referees  are  to  be  paid  by  the  party  appeaUng,  where 
the  decision  of  the  Commissioners  is  confirmed;  otherwise,  by  the 
county.2 

22.  In  all  cases  of  assessments  of  damages  for  laying  out,  or  alter- 
ing a  private  road,  the  Commissioners  of  Highways  of  the  town 
where  the  same  is  situated,  must  serve  a  notice  on  the  Town  Clerk, 
and  on  the  person,  or  persons,  interested  in  the  road,  specifying  a 
time  when  a  jury  of  the  town  will  be  sumnoned  to  assess  the  dam- 
ages for  laying  out  or  altering  such  road.  The  time  must  not  be 
less  than  six,  nor  more  than  ten  days,  from  the  time  of  service  of 
the  notice.  At  the  time  mentioned  in  the  notice,  the  Town  Clerk 
will  draw  twelve  jurors  from  the  last  jury  list,  in  the  same  manner 
as  on  appHcations  for  re-assessments ;  and  the  drawing  will  be  cer- 
tified to  a  Justice  of  the  Peace,  the  jurors  summoned,  and  their 
proceedings  be  conducted  as  on  the  aforesaid  applications  for  re- 
assessments. The  same  jury  will  assess  all  damages  required  to  be 
assessed  for  the  same  road.  All  damages  assessed  for  laying  out,  or 
altering  any  private  road,  together  with  the  costs  of  the  assessment, 
are  to  be  paid  by  the  party  applying  for  the  road.' 

2.'l.  All  damages  finally  assessed,  or  agreed  upon,  by  the  Com- 


»  J  IWB  Of  1845,  chap.  180 ;  Laws  of  1847,   I      >  I.awa  of  1847,  chap.  455. 
<ba|    455.  I       •  Laws  of  1847,  chap.  435. 


HIGHWAYS.  288 

missioners  of  Highways,  for  the  lapng-  out  of  any  road,  except  pri- 
vate roads,  are  to  be  laid  before  the  Board  of  Supervisors,  by  the 
Super^'isor  of  the  town,  to  be  audited  with  the  charges  of  all  per- 
sons or  officers  employed  in  making  such  assessment;  and  such 
damages  are  to  be  lened  and  collected  in  the  town  in  which  the 
road  is  located,  in  the  same  manner  as  other  charges  for  which  said 
town  is  liable.' 

24.  No  private  road  can  be  laid  out  over  the  lands  of  any  person, 
without  his  consent,  or  the  decision  of  a  jury.* 

25.  Where  there  are  three  Commissioners  in  any  town,  any  order 
signed  by  two  of  them  will  be  valid,  if  it  appear  in  such  order,  that 
all  the  Commissioners  met  and  deliberated  on  the  subject  of  the 
order,  or  were  duly  notified  to  attend  a  meeting  of  the  Commission- 
ers for  the  purpose  of  deliberating  thereon.' 

26.  Commissioners  of  Highways  cannot  maintain  an  action  in  their 
official  name  or  title,  but  must  use  their  indi\'idual  names,  affixing 
then-  official  title ;  as  "  E.  F.  Commissioner  of  Highways  of  the  town 
oi  ,  in  the  county  of  ,  plaintiff,  &c."* 

27.  A  bond  taken  in  the  name  of  a  Commissioner  of  Highways, 
for  the  benefit  of  the  town  even,  is  absolutely  void — as  Commission- 
ers have  no  authority  to  take  a  bond  virtute  officii* 

28.  For  the  provisions  of  the  Revised  Statutes  in  relation  to  High- 
ways, see  Title  1,  of  Chapter  16,  of  Part  I. 

29.  The  Commissioners  of  Highways  of  adjoining  towns  may  en- 
ter into  contracts  to  build  or  repair  bridges  over  streams  dividing 
such  towns,  and  may  be  sued  thereon.' 

30.  Where  a  public  highway  has  been  transferred  to  a  piank 
road  company,  and  the  interest  of  the  public  in  the  road  is  paid  for, 
the  corporation  succeeds  to  all  the  rights  of  the  .town  Commissioners, 
in  respect  of  making  repairs,  <fec.' 


FORMS. 

§  491.  Appointment  of  a  Commissioner  to  Jill  a  Vacancy. 
County,  ) 
Town  of  ,f^^- 

Whereas,  E.  F.,  duly  elected  [or,  appointed]  a  Commissioner  of 
Highways  in  and  for  said  town,  to  serve  until  the         day  of 


>  Laws  of  1S47,  r.hap.  455. 

«4  Hill,  410;  61.1.,  47;  Amended  Consti- 
tution of  New  Voile,  Art.  I.  %  7. 

»  I  U.  S  (3d  ed.)  Ml,  S  154  :  22  Wendell, 
134. 


<  4  Hill,  136 ;  5  Id.,  215 ;  1  Denio,  610. 
6  4  Harbour's  S.  C.  Kep.,  51. 
8  Laws  of  1841,  chap.  225. 
1  3  Barbour's  S.  C.  Rep.,  459i 


284  KEW  clerk's  assistant. 

18  ,  has  deceased,  [or,  has  removed  from  sfud  town;  or,  as  the 

case  may  bei\  by  reason  whereof  a  vacancy  exists  in  the  office  of 
such  commissioner: 

Now,  therefore,  we,  the  undersigned,  three  Justices  of  the  Peace 
of  the  said  town,  [or,  the  Supervisor  and  two  Justices  of  the  Peace 
of  the  said  town,]  do  hereby  appoint  R  F.,  to  serve  as  such  Com- 
missioner, in  the  stead  of  the  said  E.  F.,  until  the  next  annual  town 
meeting,  to  be  held  in  said  town,  on  the  day  of  next 

Given  under  our  hands,  this  day  of  ,18 

ami  Justices  of 
j'  1^'  ("  the  Peace. 


§  492.   Commissioner's  Bond. 
Know  all  men  by  these  presents :  That  we,  E.  F.,  L.  M.,  and  S.  T., 
of  tin:  tosvn  of  ,  in  the  county  of  ,  are  held  and 

firmly  bound  unto  A.  B.,  Supervisor  of  said  town  of  '        ,  in 

the  penal  sun*  of  one  thousand  dollars,  to  be  paid  to  the  said  A.  B., 
or  his  successor  in  office ;  lo  which  payment,  well  and  truly  to  be 
made,  we  bind  ourselves,  and  our,  and  each  of  our  heu'S,  executors, 
and  administrators,  jointly  and  severally,  firmly  by  these  presents. 
Sealed  with  our  seals,  and  dated  the  day  of  ,  A.  D. 

18     . 

Whereas,  the  above  bounden  E.  F.  has  been  duly  elected,  [or, 
appointed,]  a  Commissioner  of  Highways  in  and  for  the  said  town  of 
,  to  serve  for  the  term  of  three  years  from  the  day 

of  ,  18       ,  [or,  if  appointed  to  Jill  a  vacancy,  say:  to 

serve  until  the  day  of  ,  18     ,]  and  until  a  suc- 

cessor shall  be  duly  elected  or  chosen :  Now,  therefore,  the  condition 
of  this  obligation  is  such,  that  if  the  said  E.  F.  shall  faithfully  dis- 
charge his  duties  as  such  Commissioner,  and  witlun  ten  days  after  the 
expiration  of  liis  term  of  office,  pay  over  to  his  successor  what  money 
may  be  remjuning  in  his  hands  as  such  Commissioner,  and  render  to 
such  successor  a  true  account  of  all  moneys  received  and  paid  out  by 
him  as  such  Commissioner,  then  the  above  obligation  to  be  void ;  else 
to  remain  in  force. 

Sealed,  signed,  and  delivered,  )  E.  F.  [l.  s.] 

in  presence  of  >•  L.  M.  l.  s.J 

G.  H.  )  S.  T.  [l.  s.] 

I  approve  of  the  sureties  named  in  the  above  bond.     Dated  at 
,  the  day  of  ,  18     . 

A.  B.,  Supervisor  of  the  town  of 


HIGHTVATS. 


285 


§  493.  Order  for  Ascertaining  a  Road  Imperfectly  Deccribed,  or 
not  Recorded. 
County,  ) 
Town  of  S 

\^Tiereas,  a  road  leading  from  to  ,  in  said  town 

of  ,  now  used  as  a  highway,  was  laid  out  by  the  Commis- 

sionei-s  of  the  said  town,  on  the  day  of  ,  18      , 

but  not  sufficiently  described  of  record,  \or,  has  been  used  for  twenty 
years  for  such  highway,  but  has  never  been  recorded :]  Now,  there- 
fore, I,  the  undersigned,  the  Commissioner  of  Highways  of  said  town, 
[or,  we,  &c.,  the  Commissioners,  &c. ;  or,  two  of  the  Commissioners, 
(fee,  all  of  the  said  Commissioners  having  been  duly  notified  to  attend 
and  deliberate  on  the  subject  of  this  order,]  do  order  that  said  road 
be  ascertained,  described,  and  entered  of  record,  in  the  Clerk's  office 
of  said  town,  according  to  a  survey  wliich  has  been  made  under  my 
\or,  our]  direction,  as  follows:  [mseri  the  surveyJ\  [If  only  one  line 
is  surveyed,  add:  And  I  do  further  order,  that  the  line  of  said  sun'ey 
be  the  centre  [or,  west  line]  of  said  road,  and  that  the  said  road  be 
of  the  width  of  rods.] 

Given  under  my  hand,  [or,  our  hands,]  this  day  of  , 

A.D.  18    . 

E.  R,  Commissioner. 


§  494.  Annual  Account  for  the  Town  Auditors. 
To  the  Board  of  Town  Auditors  of  the  Town  of  ,  in  the 

County  of  : 

The  annual  account  of  the  Commissioner  of  Highways  of  the  said 
town  of  ,  for  the  year  ending  the  day  of  , 

18    ,  showeth  as  follows,  viz. : 

1.  The  labor  assessed  in  said  town,  during  the  year  ending  on  the 

day  of  ,  1 8,     ,  is  days,  and  the  amount  of 

said  labor  actually  performed  is  days;  as  appears  by  the 

returns  made  to  me  by  the  several  Overseers  of  Highways  in  said 
town. 

2.  I  have  received  for  fines  and  commutations,  under  the  statutes 
relative  to  highways,  the  sum  of  dollars,  as  follows,  viz: 


Date. 

From  whom  received. 

On  what  accomiL 

Amount 
teceived. 

13    . 
J»ly  6, 
Oct.  9, 

John  Jonea, 
James  Jackson. 

Balance  of  ra«n«7  recciredby  hta 

aa  Overseer, 
Fine  for  obsiructing  highway, 

•7.86 

«r),uo 

^86  NEW  clerk's  assistant. 

3.  The  improvements  which  have  been  made  on  the  roads  and 
bridges  in  said  town  of-  ,  during  the  said  year,  are  [state  the 
improvements /"l  and  the  condition  and  situation  of  the  roads  and 
bridges  in  said  town  is,  ikc,  [state  the  situation.^ 

4.  The  following  improvements,  in  my  opinion,  are  necessary  im- 
provements to  be  made  on  the  roads  and  bridges  in  said  town,  to  wit : 
[state  the  improvements  deemed  necessary  ;^  and  the  expense  of  ma- 
king such  improvements,  beyond  what  the  labor  to  be  assessed  this 
year  will  accomplish,  is  estimated  by  me  at  $ 

Given,  &c.,  [as  in  §  493.] 


§  495.  Statement  and  Estimate  for  the  Supervisor. 
To  the  Supervisor  of  the  town  of  ,  in  the  County  of  : 

The  Commissioner  of  Highways  of  said  town  reports,  that  the 
following  improvements,  \iz :  [follow  the  3c?  and  4th  clauses  of  the 
Report  to  the  Totvn  Auditors,  as  near  as  may  be.^ 

Given,  &c.,  [as  in  §  493.] 


§  496.  Notice  of  Application  for  Additional  Sum. 

PUBLIC    NOTICE. 

Notice  is  hereby  given,  to  the  electors  of  the  town  of  ,  in 

the  county  of  ,  that  I,  the  undersigned,  the  Commissioner  of 

Highways  of  said  town,  am  of  opinion  that  the  sum  of  two  hundred 
and  fifty  dollars,  as  now  allowed  by  law,  will  be  insufficient  to  pay 
the  expenses  actually  necessary  for  the  improvement  of  roads  and 
bridges  in  said  town ;  and  that  the  additional  sum  of  $  is  neces- 
sary to  make  a  bridge  across  the  ,  near  the  house  of  , 
in  said  town,  [or,  to  repair  the  bridge,  <fec. ;  or,  to  improve  the  road 
at,  &c. :]  And  that  I  shall  apply  at  the  next  annual  town  meeting  of 
said  town,  in  open  town  meeting,  for  a  vote  authorizing  the  said  sum 
of  $             ,  to  be  raised  for  the  purpose  aforesaid. 

Dated  the  day  of  ,  18     . 

E.  F.,  Commissioner. 


§  497.   Order  dividing  Town  into  Districts.   . 
County,  ) 
Town  of  ,  P^ 

I,  E.  F.,  the  Commissioner  of  Highways  of  said  town  of 
do  hereby  order,  that  the  said  town  be  divided  into  road  dis- 

ti'icts,  as  follows,  to  wit :  Road  district  number  one  shall  embrace  ah 
of  the  highway  commencing  at  [description  :'\  and  all  the  inhabitants 


moHWAYS.  287 

liable  to  work  on  the  higliways,  residing  therein,  shall  be  and  are 
hereby  assigned  to  work  on  said  district  number  one.  [If  any  inha- 
bitants  residing  out  of  the  district,  are  assigned  to  the  district,  add: 
And  the  following  inhabitants  residing  out  of  the  said  distnct,  are 
assigned  and  required  to  work  on  the  same,  r\z :  A.,  B,,  C,  &c. :] 
District  number  two,  shall,  &c.  [  Continue  as  aforesaid,  until  the 
whole  town  is  divided.^ 
Given,  <fec.,  [as  in  §  493.] 


§  498.  Appointment  of  Overseer,  in  case  of  Vacancy. 

County,) 
Town  of  ,P^- 

Whereas,  a  vacancy  has  occurred  in  the  office  of  Overseer  of 
Highways,  for  road  district  number  ,  in  said  town,  by  reason 

of  the  removjil  [or,  refusal  to  serve ;  or,  death]  of  0.  P.,  elected  to 
said  office:  Now,  therefore,  I,  the  undersigned,  the  Commissioner 
of  Highways  of  said  town,  [or.  We,  <fec.,  the  Commissioners  of,  <fec. ; 
or,  two  of  the  Commissioners  of,  (fee,  all  of  said  Commissioners  hav- 
ing been  duly  notified  to  attend  and  dehberate  on  the  subject  of  this 
warrant,]  do  hereby  appoint  M.  B.,  Overseer  of  Highways,  of  and 
for  the  said  road  district,  number  ,  in  said  town,  to  fill  the  said 

vacancy. 

Given,  (fee.,  [as  in  §  493.] 


§  499.   Overseer's  List  of  Persons  Liable  to  do  Highway  Labor. 
Town  of  ,  ss : 

I,  0.  P.,  Overseer  of  Highways  for  road  district  number  , 

in  the  town  of  ,  in  the  county  of  ,  do  certify,  that  the 

following  is  a  true  and  correct  list  of  all  the  inhabitants  who  are  lia- 
ble to  work  on  highways,  in  said  road  district  number  ,  viz ; 

John  Smith,  James  Jackson,  * 

George  Johnson,  Richard  Roe, 

&c.,  &c.,  &c.,  (fee. 

Dated  the  day  of  ,  18    .  0.  P.  Overseer. 


§  500.  List  and  Statement  of  Non-Resident  Lands. 

A  list  and  statement  of  the  contents  of  all  lots,  pieces,  or  parcels 
of  land,  within  the  town  of  ,  in  the  county  of  ,  owned 

by  non-rosi(U'nts  thereir : 


288 


HEW  CiERK'S  ASSISTANT. 


Owners. 

No.  of  District. 

Description. 

Value. 

No.  of 
days. 

A.  B. 

21. 

East  half  of  subdivision 
No.         ,  ic. 

«2,000  00 

10 

Given,  &c.,  \as  in  §  493.] 


§  501.  Assessment  of  Highway  Labor, 
County,  ) 
Town  of  ,)^- 

I,  E.  F„  the  Commissioner  of  Highways  of  the  said  town  of  , 

having  proceeded  to  ascertain,  estimate  and  assess,  the  highway  la« 
bor  to  be  performed  in  said  town  for  the  ensuing  year ;  [or,  We,  &c., 
the  Commissioners,  <fec. ;  or,  two  of  the  Commissioners  of  Highways 
of  the  said  to%vn  of  ,  having  met  in  said  town  on  the 

day  of  ,  18     ,  and  proceeded  to  ascertain,  estimate  and  assess, 

the  highway  labor  to  be  performed  in  the  said  town  for  the  ensuing 
year;  all  the  Commissioners  of  Highways  of  said  town  having  been 
duly  notified  to  attend  the  said  meeting  of  the  Commissioners  for  the 
purpose  of  deliberating  thereon;]  have  made  out  the  estimate  and 
assessment  for  road  district  number  ,  in  said  town,  to  wit: 

1.  The  inhabitants  of  said  town  assigned  to  said,  road  district,  are 
assessed  as  follows,  viz: 

Names.  No.  of  Days. 

John  Doe,  --------------1 

John  Stiles, 10 

Richard  Roe,  .-..---------8 

^Tf  there  are  any  non-resident  lands  in  the  town,  then  add: 

2.  The  lands  owned  by  non-residents  of  said  town,  and  situate 
tlierein,  are  assessed  as  follows,  viz: 


Owner's  name. 


Description  of  lands. 


Value. 


Assessment. 


James  Jaclcson. 


I       Lot  No.  ,   &c;       I    «1,000  UO         I  Four  days.] 


Given,  <fec.,  [as  m  §  493.] 


§  602.  Appeal  to  Three  Judges,  by  Non-Hesident 

County,) 
Town  of  ,  ) 

A.  B.,  a  non-resident  owner  of  lands  in  said  town,  conadering,  [or, 
C.  D.,  an  agent  of  A.  B.,  a  non-resident  owner  of  lands  in  Mia 
town,  who  considers]  himself  aggrieved  in  the  assessment  for  high- 


HIGHWATS.  88§ 

way  labor  made  by  E.  R,  the  Commissioner  of  High-ways  of  said 
town,  on  llie  following  described  lands,  to  wit:  [insert  the  description 
as  by  the  C'omrnissiouer,]  doth  hereby  appeal  from  the  assessnaenj 
of  said  Commissioner,  to  .lie  Hon.  G.  H.,  S.  T.,  and  L.  M.,  three  ot 
the  Judges  of  the  Court  of  Common  Pleas,  [or,  the  Judge  and  Jus 
tices  of  the  Court  of  Sessions,]  of  the  said  County  of 
Dated  ,  the  day  of  ,  18     . 

A.  P 
[or,  A.  B.,  by  C.  D.,  Agent] 


§  503.  Notice  to  Commissioner  of  Appeal 
To  E.  F.,  Commissioner  of  Highways  of  the  Town  of  : 

You  are  hereby  notified  that,  considering  myself  aggrieved  by 
your  assessment  for  highway  labor,  on  the  land  owned  by  me,  ia 
said  town,  I  have  this  day  appealed  to  the  honorable  G.  H.,  S.  T., 
and  L.  M.,  three  of  tl»e  Judges,  &c.,  [as  in  §  502,]  of  the  county  of 

,  who  will  convene  at  the  house  of  R.  F„  on  the 
day  of  ,  at  o'clock  in  the  noon,  to  decide  on 

said  appeal 

Dated  the  day  of  ,  18  . 

Yours,  (fee,  A.  R 


§  504.    Commissioner's  Consent  to  Work  in  another  District 

Whereas.  A.  B.,  a  resident  of  road  district  number  ,  in  the 

town  of  ,  in  the  county  of  ,  is  assessed  days' 

labor,  in  district  number  ,  in  said  town,  for  lands  situate' in 

district  number  ,  and,  at  his  request,  I  hereby  approve 

of  his  applying  the  work  assessed  in  respect  to  such  lands,  in  the 
district  where  they  are  situated. 

Given,  «fec  [as  in  §  493.] 


§  505.    Overseer's  WarranL 

To  0.  P.,  Overseer  of  Road  District  No.  ,  in  the  Town  of 

,  the  description  of  which  is  as  follows,  viz :  [give  des- 
cription. \ 

You  are  hereby  commanded  and  required,  to  take  charge  of  the 
men  whose  names  are  hereunto  annexed,  and  cause  them  faithfully 
to  work  the  number  of  days  herein  specified,  (one-half  to  be  done  pn 
19 


290 


NEW   clerk's   assistant. 


tlie  day  of  next,)  and  make  return  to  mo  on  the 

second  Tuesday  next  preceeding  the  annual  meeting  of  said  town. 
Given,  &c.,  [as  in  §  493.] 

E.  F.,  Commissioner. 


Namea. 

No.  of 
days. 

Namea. 

No.  of 
days. 

John  Jonea.                            4 

Jamea  Jackson. 

3  1-2 

§  606.  New  Assessment  by  an  Overseer. 

Town  of  ,  ss : 

Whereas,  the  quantity  of  labor  assessed  on  the  inhabitants  of -road 
district  number  ,  in  said  town  of  ,  for  the  year 

18  ,  is  deemed  insufficient  by  the  subscriber,  the  Overseer  of  High- 
ways of  said  district,  to  keep  the  roads  in  said  district  in  repair : 

I  have,  therefore,  made  another  assessment  on  the  actual  residents 
in  said  road  district,  in  the  same  proportion,  as  near  as  may  be,  and 
not  exceeding  one-third  of  the  number  of  days  assessed  in  the  same 
year  by  the  Commissioner  of  Highways  of  the  said  town  of  , 

on  the  inhabitants  of  said  district ;  wliich  assessment  is  as  follows,  to 
wit: 


Names.                         |N-°^| 

Names. 

j      No.  of 
1      days. 

A.  B.                           11 
G.H.                         1       10     1 

L.  M. 
S.  T. 

1         4 
1         3 

Given  under  my  hand,  this 

day  of                 18 
O.P., 

Overseer. 

§  507.   Overseer* s  Notice  to  Agent  of  Non- Resident.^ 

To  C.  D.,  agent  of  A.  B.,  a  non-resident  owner  of  lands  in  the  town 
of  ,  in  the  county  of  : 

Take  notice,  that  A.  B.,  a  non-resident,  is  assessed  days' 

labor,  in  road  district  number  ,  in  said  town,  and  that  sjiid 

labor  is  required  to  be  performed  on  the  day  of  next, 

and  the  days  following,  near  the  house  of  E.  F.  and  the 

river,  in  said  district. 

Dated  the  day  of  ,  18       . 

Yours,  &c.,  0.  P.,  Overseer. 


•  1  The  notice  is  to  be  given  at  least  five  days  previous  to  the  lime  appomted; 


HIGHWATS.  201 

§  508.  Notice  in  case  of  Non-Residents} 

Notice  is  hereby  given,  that  the  labor  assessed  on  the  several  tracts 
of  land  in  the  town  of  ,  in  the  county  of  ,  herein- 

after mentioned,  ■which  have  been  assessed  as  owned  by  non-residents, 
is  to  be  performed  on  the  day  of  next,  on  the  high- 

Avay  in  said  district,  between  the  dwelling  houses  of  E.  F.  and  C.  D. ; 
and  the  owners  of  said  land,  or  their  agents,  are  hereby  required 
to  caxise  the  said  labor  to  be  performed  accordingly : 

I        Owner's  name.  |  Description  of  land  or  Uacl.  |        Assessment       | 

I  John  Due.  |  South  fart  ol'  lot  No.  50,  KKJ  acres.  j  Ten  days. 


Dated  the  day  of  ,18 


0.  P.,  Overseer. 


§  509.  Assessment  for  a  Scraper. 

Town  of  ,  ss: 

Whereas,  the  Commissioner  of  Highways  in  said  town  of  , 

has  directed  and  empowered  the  Overseer  in  district  number  , 

in  said  town,  to  procure  a  good  and  sufficient  iron,  or  steel  shod  scra- 
per, \add,  and  plow,  if  necessary,']  for  the  use  of  said  road  district; 
and  whereas,  the  moneys  arising  from  commutations  and  fines  witliin 
the  said  district,  are  insufficient  for  that  purpose :  Now,  therefore,  I, 
the  imdersigned.  Overseer  of  said  district,  have  assessed  the  defi- 
ciency upon  the  inhabitants  of  the  district,  in  the  proportion  they 
are  respectively  assessed  on  the  assessment  roll  of  said  town,  as  fol- 
lows, to  wit: 

A.  B.,        I        .        •        .        •        .        t        .        .      $1  GO 

CD., 0  50 

Given,  &c.,  [as  in  §  506.] 


§  510.    Complaint  to  Commissioner  against  Overseer. 

To  the  Commissioner  of  Highways  of  the  Town  of  ,  in  the 

County  of  : 

The  complaint  of  A.  B.,  a  resident  of  the  town  of  ,  afore- 

said, respectfully  showeth:   That  0.  P.,  the  Overseer  of  Highways 


>  This  notice  is  to  be  posted  on  the  outer  j  time  appointed  for  performing  the  labor; 
floor  of  tilt  building  where  the  last  town  meet-  provided,  however,  that  no  agent  of  the  own- 
ing was  lield,  at  least  twenty  days  before  the  |  ers  can  be  fouad  in  the  town. 


B92  NEW  clerk's  assistant. 

for  road  district  number  ,  in  said  town,  has  neglected  and 

refused  to  warn  T.  W.  to  work  on  the  Inghways  in  said  district,  after 
having  been  required  by  you  so  to  do;  [or,  has  neglected  to  collect 
the  sum  of  one  dollar,  imposed  as  a  fine  upon  R.  F.,  for  neglect  to 
appear  and  work  upon  the  highways  in  said  district:]  and  1,  the 
said  A.  B.,  hereby  require  you  to  prosecute  the  said  O.  P.,  for  the 
said  offence.     Dated  the  day  of  ,  18       . 

A.  B. 


§  511.  Security  to  be  Given  hy  the  Complainant. 

Know  all  men  by  these  presents :  That  we,  A.  B.  and  C.  D.,  of 
the  town  of  ,  in  the  county  of  ,  are  held  and  firmly 

bound,  unto  E.  R,  the  Commissioner  of  Highways  of  the  town  of 
,  in  the  county  of  ,  in  the  sum  of  $  ,  for 

the  payment  of  wliich  sum  we  bind  ourselves  and  our  legal  ri^pre- 
sentatives,  joiiitly  and  severally.  ■  Sealed  with  our  seals.     Dated,  kc. 

The  condition  of  this  obligation  is  such,  that  if  A.  B.  does  wt-ll  and 
truly  indemnify,  and  save  harmless,  the  said  Commissioner,  against 
the  costs  which  may  be  incurred  in  prosecuting  O.  P.,  the  Overseer 
of  Highways  in  road  district  number  ,  in  said  town,  for  the 

penalty  incurred  by  him,  for  the  refusal  or  neglect  set  forth  in  the 
complaint  (tf  A.  B.,  this  day  made  to  the  said  Commissioner,  then 
tJiis  obligation  to  be  void;  otherwise,  in  force. 

A.  B. 
CD. 


[.^•] 


§  512.  Assessment  of  Persons  left  out  of  the  List. 

Town  of  ,  ss: 

The  persons  hereinafter  named  having  been  left  out  of  the  within 
[or,  annexed]  Ust  for  road  district  number  ,  in  said  town,  [or, 

havino-  become  inhabitants  of  said  district  since  the  makinw  of  the 
said  list:]  I  do  hereby  assess  the  said  persons  to  work  on  iLe  high- 
ways in  said  district,  as  follows,  to  wit: 

'  Names.  No.  of  Days. 

John  Denn,      •        •        •        •        i        •        i        •        •   4 
Richard  Fenn,      •        •        i        i        •        •        t        i      8 

'Given,  &c.,  [as  in  §  506.] 


HIGHWAYS.  293 

8  518.  Appeal  to  Commissioner  from  Assessment  of  Overseer. 

Tt>  E.  F.,  Commissioner  of  Highways  of  tlie  Town  of  ,  in 

the  County  of  : 

The  undersigned  having*  been  assessed  by  the  Overseer  of  road 
district  number  ,  in  said  town,  days'  labor  on  the  high- 

ways, on  the  ground  that  he  is  a  new  inhabitant  of  said  district,  [or, 
that  his  name  had  been  omitted  by  the  Commissioner  in  said  town;] 
and  considering-  himself  aggrieved  by  said  assessment,  doth  hereby 
appeal  to  3'ou  from  tlie  same. 

Dated  the  day  of  ,18       .  A.  B. 


§  514.    Complaint  against  a  Person  Refusing  to  Work. 

County,  ) 
Town  of  .P^- 

I,  0.  P.,  Overseer  of  Highways  for  road  district  number  , 

in  siiid  town,  hereby  make  complaint  on  oath  to  G.  H.,  a  Justice  of 
the  Peace  of  said  town,  that  I  ga\'e  Richard  Roe,  who  resides  ia 
said  district,  and  is  assessed  to  work  on  highways  therein,  twenty- 
four  hours'  previous  notice,  to  appear  willi  a  shovel,  on  the  day 
of  instant,  at  8  o'clock,  A.  M.,  at  tlie  dwelling  house  of  E.  F., 
for  the  purpose  of  working  on  the  highways  in  said  district,  under 
my  dheclion  as  such  Overseer;  and  that  the  said  Richard  Roe  neg- 
lected to  appear,  either  in  person,  or  by  an  able  bodied  man  as  a 
substitute,  or  pay  the  commutation  money  for  said  work,  [or,  ap- 
peared, pursuant  to  notice,  but  woiked  only  hours,  and  then 
departed;  or,  appeared,  pursuant  to  notice,  but  remained  idle;  or, 
did  not  work  faithfully;  or,  hindered  others  from  working;]  nor  lias 
he  rendered  any  satisfactory  excuse  for  such  neglect,  [or,  conduct] 

Sworn  to  before  me,  this  )  0.  P.,  Overseer, 

day  of  ,18       ,) 

G.  H.,  Justice  of  the  Peace. 


§  515.    Complaint  against  a  Person  for  not  Furnishing  a  Team. 
Town  of 


County,  ) 


I,  O.  P.,  Overseer  of  Highways  for  road  district  number  ^  , 

in  said  town,  hereby  make  com{)l;unt  to  G.  H.,  a  Justice  of  the  Peace 
of  said  town,  that  1  gare  to  Joiin  Jones,  who  resides  in  said  district, 
and  is  assessed  to  work  days  on  the  highways  tlierein,  and 

has  a  cart,  [or,  wagon ;  or,  plow ;]  -vvith  a  pjiir  of  horses,  [or,  oxen,] 
and  a  man  to  manage  them,  and  who  has  not  commuted  for  lii*  said 


294  NEW  clerk's  assistant. 

assessment,  twenty-four  liours'  preAious  notice,  to  furnish,  on  the 
day  of  ,18       ,  at  8  o'clock,  A.  M.,  at  the 

house  of  E.  F.,  in  said  district,  a  wagon  with  horses,  [or,  a  cart  with 
a  yoke  of  oxen,]  and  a  man  to  manage  them,  for  the  purpose  of 
working  one  day  on  the  road  in  said  district,  xmder  my  direction  as 
such  Overseer;  and  the  said  Richard  Roe  has  neglected  to  furnish 
said  wagon  and  horses  [o);  cart  and  oxen,]  and  a  man  to  manage 
them,  or  to  pay  the  commutation  money  for  said  work ;  nor  has  he 
rendered  any  satisfactory  excuse  therefor. 
Sworn,  &c.,  [as  in  §  514.] 


§  516.  Summons  for  Refusing  to  WorTc} 
Town  of  )      . 

County,  j 
To  any  Constable  of  said  town,  greeting : 

Whereas,  complaint  on  oath  has  been  made  before  me,  G.  H.,  a 
Justice  of  the  Peace  of  said  town,  by  0.  P„  Overseer  of  Highways 
in  road  district  number  ,  in  said  town,  that  Richard  Roe,  who 

is  assessed  for  highway  labor  in  said  district,  and  has  been  duly  noti- 
fied to  perform  such  work,  has  neglected  to  appear  in  pursuance  of 
such  notice,  either  in  person,  or  by  an  able  bodied  substitute,  and 
perform  such  labor,  [or,  as  in  §  514:]  You  are  therefore  hereby 
commanded,  in  the  name  of  the  people  of  the  State  of  New  York, 
to  summon  the  said  Richard  Roe  forthwith  to  appear  before  me,  at 
my  office  in  said  toAvn,  to  show  cause  why  he  should  not  be  fined 
according  to  law,  for  such  refusal  or  neglect,  as  in  said  complaint  al- 
leged. 

Given  under  my  hand,  at  ,  this  day  of  ,  18    . 

G.  H.,  Justice  of  the  Peace. 


8  517.    Conviction  Endorsed  on  the  Complaint. 
Town  of  ,  )    g. 

County,  j 

The  within  named  Richard  Roe,  having  been  duly  summoned  to 
appear  before  me,  G.  H.,  the  Justice  within  named,  to  show  cause 
why  a  fine  should  not  be  imposed  upon  him  for  the  ofi'ence  set  forth 
in  the  within  complaint,  and  no  sufficient  cause  having  been  shown 
by  the  said  Richard  Roe  to  the  contrary,  I  do  impose  a  fine  of 
dollars,  [or,  as  the  case  ynay  he,']  upon  the  said  Richard  Roe,  for  the 
said  oftence,  together  with  dollars  and  cents  for  the 

costs  of  this  proceeding  against  liim. 

Given,  &c.,  [as  in  §  516.] 

1  This  summons  is  to  be  served  personally,  or  by  leaving  a  copy  at  the  place  of  abo^  of 
die  person  nameU  therein. 


HIGHWAYS. 


295 


Town  of 


§  518.    Warrant  to  Colled  a  Fine} 

County,  J 
To  any  Constable  of  said  town,  greeting : 

Whereas,  complaint  was  made  to  me,  G.  H.,  a  Justice  of  the 
Peace  of  said  town,  by  0.  P.,  Overseer  of  Highways  for  road  district 
number  ,  in  said  town,  that  Richard  Eoe,  who  was  assessed, 

<tc. ;  [recite  as  in  complaint:]  Whereupon  a  summons  was  issued  by 
me,  requiring  the  said  Richard  Roe  to  appear  before  me  at  my  office 
in  ,  aforesaid,  forthwith,  to  show  cause  why  he  should 

not  be  fined  for  such  neglect,  [or,  refusal;  or,  as  the  case  may  be:^ 
which  summons  was  duly  served  and  returned  to  me :  and  the  said 
Richard  Roe  not  having  shown  any  sufficient  cause  to  the  contrary, 
I  have  imposed  a  line  of  8  on  him  for  his  offence,  complained 

of  as  aforesaid,  and  taxed  the  costs  of  the  proceedings  on  said  com- 
plaint at  S 

You  are  therefore  hereby  commanded  to  levy  the  said  fine  and 
costs,  of  the  goods  and  chattels  of  the  said  Richard  Roe,  and  bring 
the  said  moneys  before  me  without  delay. 

Witness  my  hand  and  seal,  this         day  of  ,18. 

G.  H.,  Justice,  [l.  s.] 


§  519.    Overseer^s  List  of  Non- Resident  Lands,  for  Supervisor.% 
To  the  Supervisor  of  the  Town  of  ,  in  the  County  of  : 

I,  0.  P.,  Overseer  of  Highways  for  road  district  number  , 

in  said  town,  do  certify,  that  the  following  is  a  correct  fist  of  all  the 
lands  of  non-residents  which  were  taxed  or  assessed  for  highway  la- 
bor, in  the  year  18  ,  on  the  list  delivered  to  me  as  such  Overseer, 
and  on  wliich  the  labor  assessed  by  the  Commissioner  of  Highways 
of  said  town  has  not  been  paid;  and  a  correct  account  of  tke 
amount  of  labor  unpaid : 


John  Jones. 


Description 
Lot  No. 


Assessment. 


,  east  half.  81,000.  Three  days. 


Given  under  my  hand,  this 


day  of 


,18       . 

0.  P.,  Overseer. 


'  The  money  collected  is  to  be  paid  to  the 
Ovei-seer,  who  is  required  to  expend  the  same 
in  improving  the  roads  and  bridies  in  ihc  dis- 
trict. Every  penalty  collected  lor  refusal,  or 
ntilect  lu  work,  is  to  be  set  olT  against  the 
assessmeat  on  which  it  was  founded,  estima- 


tins  one  dollar  for  every  day's  work.     1  R.  b. 
(3d^ed.)62e,  §50. 

2  The  list  is  to  be  made  out  on  or  before  the 
first  day  of  October  in  each  year,  and  verified 
by  aflid'avit  lakci:  before  some  Juetice  of  tlie 
Peace  of  the  town. 


<96 


KEW   clerk's   assistant. 


§  520.  Affidavit  to  Accompany  the  Overseer* s  List 

County,  ss: 

0.  P.,  Overseer  of  Highways  for  road  district  number  ,  in 

the  town  of  ,  in  said  county,  being  duly  sworn,  says,  that  in 

relation  to  the  lands  described  in  the  above  hst,  he  has  given  the  no- 
tice required  by  the  33d  and  34th  sections  of  the  1st  title  of  the 
1 6th  chapter  of  part  first  of  the  Revised  Statutes ;  and  that  the  la- 
bor for  which  the  said  lands  are  returned  has  not  been  performed. 

Sworn,  &c.,  [as  in  §  514.] 


§  521.  Annual  Account  of  an  Overseer} 
Town  of  ,  ss: 

I,  0.  P.,  Overseer  of  Highways  for  road  district  number  , 

in  said  town,  hereby  render  to  the   Commissioner  of  Highways  of 
said  town  the  following  account : 

1st.  The  names  of  all  persons  assessed  to  work  on  the  highways 
in  said  district^  and  the  number  of  days  assessed  to  each,  are  as  fol- 
lows, to  wit: 


Names. 

No.  of  days. 

Names. 

No.  of  days. 

James  Jackson. 

4 

.^     John  Jones. 

2  1-2 

2d.  The  names  of  all  those  who  have  actually  worked  on  the 
highways,  with  the  number  of  days  they  have  so  worked,  are  as  fol- 
lows, to  wit : 


Names. 

No.  of  days. 

Names. 

No.  of  days. 

James  Jackson. 

4 

John  Jones. 

212. 

3d.  The  names  of  all  those  who  have  been  fined,  and  the  suma 
in  which  they  have  been  fined,  are  as  follows,  to  wit: 

Names. 

Amount  of  fine. 

Names. 

Amount  of  fine. 

Richard  Roe. 

$10                  James  Brown. 

83. 

1  The  account  is  to  be  rendered  on  the  second  I  meeting,  and  verified  by  oath,  to  be  admin- 
Tuesday  next  preceeding  the    annual    town  |  istered  by  the  Commissioner. 


HIGHWAT8. 


297 


4th.  The  names  of  all  those  who  have  commuted,  and  the  mamier 
in  which  the  moneys  arising  from  fines  and  commutations  have  been 
expended  by  me,  are  as  follows,  to  wit : 


Names. 

Amount. 

Names. 

Amount. 

John  Sniith. 

«1  87  1-2 

Richard  Smith. 

$1  25 

I  have  received  for  fines  and  commutations,  as  above  set  forth,  the 
sum  of  $  ,  of  which  amount  I  have  expended  the  sum  of  $  , 
in  repairing  the  bridge  across  the  creek,  &c.,  [(five  particu- 

iaws;]  and  no  moneys  remain  in  my  hands  unexpendett  [o'",  the  sum 
of  $  remains  in  my  hands  unexpended.] 

5th.  The  lands  which  I  have  returned  to  the  Supervisor  of  said 
town  of  ,  for  non-payment  of  taxes,  and  the  amount  of  tax  on 

each  tract  of  land  so  returned,  are  as  follows,  to  wit: 


Owners. 

Description. 

Value. 

No.  of  Days  returned. 

John  Jones. 

Lot  No.        ,  east  half 
of,  &c. 

eiooo 

3 

In  witness  whereof,  I  have  hereunto  subscribed  my  name,  the 
day  of  ,  18     .  0.  P.,  Overseea 

§  522.    Oath  to  the  above  Account. 
County  ss: 
0.  P.,  Overseer  of  Highways  for  road  district  number  ,  in 

the  town  of  ,  in  said  county,  being  sworn,  says,  that  the  fore- 

going account,  by  him  rendered,  is  in  all  respects  just  and  true. 
Sworn,  &c.,  [as  in  §  514.] 


§  523.  Application  for  the  Alteration  of  a  Road} 
To  E.  F.,  Commissioner  of  Highways  of  the  Town  of  ,  in  th© 

County  of  : 

The  undersigned,  a  resident  of  said  town,  [or,  owning  lands  in 
•add  town,]  and  liable  to  be  assessed  for  highway  labor  therein, 
hereby  makes  application  to  you  to  alter  the  highway  leading  from 
the  house  of  A.  B.  to  the  turnpike  in  said  town,  as  follows : 

\insert  a  particrdar  description  of  the  proposed  alteration.^  Tlie 
proposed  alteration  passes  through  lands  which  are  not  improved,  en- 
closed, or  cultivated,  [or,  passes  through  the  lands  of  C.  D.  and  G. 
H.,  who  give  their  consent  to  said  alteration.]     Dated  the  day 

<rf  ,  18     .  L.  M. 


•  The  application  must  bo  made  by  some  1  to  be  in  writins,  addressed  to  the  Commis- 
persoa  liable  to  bo  assessed  ;  it  is  also  required  |  sioner,  and  sigtred  by  the  person  applying. 


298  NEW  clerk's  assistant. 

§  624.    Consent  of  Parties  Interested,  to  Accompany  ike 
Application. 
To  E.  R,  Commissioner  of  Highwa3^s  of  the  town  of  : 

We  do  hereby  signify  our  consent  to  the  proposed  alteration,  mei>- 
tioned  in  the  within  [or,  annexed]  application. 

Dated,  &c.,  [as  in  §  523.J  C.  D. 

G.  H. 


§  525.  Application  to  Lay  Out  a  New  Road} 

To  E.  F.,  Commissioner  of  Highways  of  the  Town  of  ,  in  thu 

County  of  : 

The  undersigned  persons,  Hable  to  be  assessed  for  highway  labor 
in  said  town,  do  hereby  make  appUcation  to  you  to  lay  out  a  new 
road,  of  the  width  of  rods,  through  lands  not  enclosed,  im- 

proved, or  cultivated;  except  that  a  part  of  said  proposed  road 
passes  over  the  lands  of  R.  L.,  who  has  consented  to  the  laying  out 
of  said  road,  and  executed  a  written  consent,  hereunto  annexed,  [or, 
has  signified  his  consent  by  signing  this  petition ;]  which  said  road 
shall  be  described  as  follows,  (kc,  [  give  description^ 

Dated,  &c.,  [as  in  §  623.1  L.  M. 

R.a 


§  526.   Order  of  Commissioner  Altering  a  Highway? 

County,) 
Town  of  ,r^- 

It  is  hereby  ordered  and  determined  by  E.  F.,  the  Commissioner 
©f  Highways  of  said  town,  [or,  the  Commissioner,  <fec. ;  or,  two  of 
the  Commissioners,  tfec,  all  of  said  Commissioners  liaving  been  duly 
notified  to  attend  and  deliberate  on  the  subject  of  this  order,]  that  a 
highway  be  laid  out  in  the  said  town,  [  if  there  was  an  application, 
my:  upon  the  application  of  L.  M.,]  commencing  near  the  easterly 
end  of  the  bridge  over  creek,  and  running  thence  northerly, 

along  the  bank  of  said  creek,  to  the  highway  near  the  dwelling  house 
of  A.  B.,  and  partly  through  the  improved  lands  of  C.  D.  and  G.  H., 
who  have  consented  thereto.  The  courses  and  distances  of  said  road, 
according  to  a  sui-vey  thereof,  wliich  the  said  Commissioner  has  [or^ 


1  This  application  is  to  be  made  in  the  same  I  who  is  required  to  put    a  copy  of  the  order 
manner  as  the  application,  ^  523.  |  on  tlie  door  oltlie  house  where  the  town  met- 1- 

2  Every  order  of  the  Cominissioners  laying  I  ing  is  annually  held;  and  the  lin)e  limited  fo 
out,  alierin?,  or  discontinuing  a  highway,  |  appealing  from  any  such  order  will  bo  coin, 
■jrith  the  survev  made  by  ihem,  is  to  be  tiled  |  puied  from  the  time  of  recording  the  sani* 
and  recorded  iji  the  ottice  of  the  Town  Clerli;,  |  1  R.  S.  (3d.  eU.)  62^,  §§  67,  66. 


HIGHWAYS. 


8M 


Commissioners  have]  caused  to  be  made,  are  as  follows :  Begmning, 
&c. :  [Insert  the  survey.  ]  It  is  further  ordered,  that  the  above  des- 
cribed line  be  the  i  entre  of  said  highway,  and  that  the  said  highway 
be  of  the  width  of  rods. 

In  witness  whereof,  I,  the  said  Commissioner,  have  hereunto  sub- 
scribed my  name,  this  day  of  ,  18     . 

E.  F.,  Commissioner. 


§  527.  Release,  hy  Owner. 

A  highway  having  been  laid  out,  on  the  day  of  the  date  hereof 
by  E.  F.,  the  Commissioner  of  Highways  of  the  town  of  ,  in 

the  county  of  ,  on  the  application  of  L.  M.,  through  certain  im- 

proved lands  belonging  to  me,  commencing  at,  <fec.,  \insert  the  des- 
cription of  the  route  as  in  the  order  :~\  Now,  therefore,  know  all 
men  by  these  presents,  that  I,  the  said  C.  D.,  for  value  received,  do 
hereby  release  all  claim  to  damages,  by  reason  of  the  laying  out  an4 
opening  the  said  highway. 

Witness  my  hand  and  seal,  this  day  of  ,18. 

C.  D.     [l.  8.] 


§528. 


Notice  to  he  Given  by  Applitants  for  Laying  oiU  a 
Highway.^ 


PUBLIC    NOTICE. 

Notice  is  hereby  given,  that  the  subscriber  has  made  application 
to  the  Commissioner  of  Highways  of  the  town  of  ,  in  the  county 
of  ,  to  lay  out  a  highway  in  said  town,  commencing,  &c.,  [give 

description  as  in  the  application;^  which  highway  will  pass  through 
the  improved  lands  [or,  enclosed;  or,  cidtivated  lands;  as  the  case 
may  be]  of  C.  D.,  and  that  twelve  freeholders  of  the  said  town  will 
meet  at  the  house  of  R.  P.,  in  said  toAvn,  on  the  day  of 

instant,  [or,  next,]  at  o'clock  in  the  noon,  to  examine 

the  ground  through  which  the  said  highway  is  proposed  to  be  laid. 

Dated  the  day  of  ,  18    . 

L.M. 


§  529.  Freeholder's  Certificate.'* 
County,  )      . 
Town  of  ,P^- 

We,  the  undersigned,  freeholders  of  the  town  of  ,  in  said 

county,  who  are  not  interested  in  the  lands  through  which  the  higb- 


>  The  notice  is  to  be  posted  up  at  three  of 
the  most  public  places  in  the  town,  at  least 
six  (lays  before  the  lime  specified  for  the 
meeting  of  the  freehoMers. 


»  The  freeholdei^  are  to  be  sworn  by  a  Jna- 
tice  of  the  Peace,  or  any  officer  authorized  tft 
administer  oaths,  "  well  and  truly  to  examin* 
and  certify  in  r«2ard  to  the  necessity  and 
propriety  of  the  highway  applied  for." 


300  NEW  clbrk's  assistant. 

way  hereinafter  described  is  proposed  to  be  laid,  nor  of  kin  to  the 
owner  thereof,  having  met  on  the  day  of  the  date  hereof,  at  the 
house  of  R.  P.,  in  said  town,  do  hereby  certify,  that  after  having 
been  duly  sworn,  we  personally  examined  the  route  of  the  said  pro- 
posed highway,  and  heard  the  reasons  offered  for  and  against  th« 
laying  out  of  the  same ;  and  that,  in  our  opinion,  it  is  necessary  and 
proper  to  lay  out  such  highway,  pursuant  to  the  application  of  L.  M., 
commencing,  «kc.,  [insert  the  description;^  which  said  highway  will 
pass  through  the  improved  [or,  enclosed;  or,  cultivated]  lands  of 
CD. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this 
day  of  ,  18        .  G.  H. 

&c.,  &C. 


§  530.   Notice  to   Occupant,  on  Application  to  Lay  (hi  a 
Highway.^ 

ToMr.  C.  D.: 

Take  notice,  that  I,  the  undersigned  Commissioner  of  Highways 
of  the  to-svn  of  ,  in  the  county  of  ,  will  attend 

at  the  house  of  R  P.,  in  said  town,  on  the  day  of  , 

18         ,  at  o'clock  in  the  noon,  to  decide  on  an 

application  made  by  L.  M.  to  me,  to  lay  out  a  highway,  commencina^ 
&c.  [give  description :'\  which  highway  wiU  pass  through  yoxa 
enclosed  [or,  improved;  or,  cultivated]  lands;  and  twelve  free- 
holders have  certified  that  it  is  proper  and  necessary  to  lay  out  said 
highway. 

Dated  the  day  of  ,  18        . 

Yours,  <fcc., 

E.  F,,  Commissioner 


§  531.   Order  Laying  Out  a  Highway  through  Improved  Lands^ 
without  the  Consent  of  the  Owner. 

County,) 
Town  of  ,P^- 

Whercik,  upon  the  application  of  L.  M.,  a  resident  in  said  town, 
liable  to  De  assessed  to  work  on  the  highways  therein,  for  the  laying 
out  of  the  highway  hereafter  described,  and  on  the  certificate  of 
twelve  reputable  freeholders  of  the  town,  convened  and  duly  sworn 


nie  notice  is  to  be  served  by  delivering  I  ing  house,  at  least  three  days  before  the  tirao 
I   ti  ihe  oteupant,  or  learing  il  at  his  dwell-  |  of  (be  meeting. 


HiaHWATS.  301 

after  due  public  notice,  as  required  by  the  statute,  certifying  that 
such  highway  was  necessary  and  proper;  notice  in  writing,  of  ak 
least  three  days,  was  given  in  due  form  of  law  to  C.  D.  and  G.  H, 
the  occupants  of  the  land  through  which  such  highway  is  to  run, 
tliat  the  undersigned,  E.  F.,  the  Commissioner  of  Highways  of  said 
town  of  ,  would  attend  at  the  house  of  JL  P.,  in  said 

town,  on  the  day  of  ,  18         ,  at 

o'clock  in  the  noon,  to  decide  on  the  application  afore- 

said: Now,  therefore,  it  is  ordered,  determined  and  certified,  after 
hearing  all  the  reasons  for  and  against  the  same,  that  a  public  high- 
way shall  be  and  the  same  is  hereby  laid  out,  pursuant  to  said  apn 
plication,  whereof  a  survey  has  been  made,  and  is  as  follows,  to  wit: 
Beginning,  Arc,  [as  in  the  surver/;'j  and  the  hne  of  said  survey  is  to 
be  the  centre  of  the  said  highway,  which  is  to  be  rods  io 

width. 

In  witness,  <kc.,  [as  in  §  526.] 


§  532.  Agreement  as  to  Damages  on  Laying  Out  Road} 

Whereas,  a  public  highway  was  laid  out,  on  the  day 

of  ,18         ,  by  E.  F.,  Commissioner  of  Highways  of  the 

town  of  ,  in  the  county  of  ,  on  the  application 

of  L.  M.,  through  the  enclosed  [or,  improved ;  or,  cultivated]  lands 
of  C.  D.,  commencing,  &c.,  [insert  the  description  of  the  highway  as 
in  the  order :]  Now,  therefore,  it  is  hereby  agreed  between  the  said 
Commissioner  and  the  said  C.  D.,  that  the  damages  sustained  by  the 
said  C.  D.,  by  reason  of  the  laying  out  and  opening  the  said  high- 
way, be  liquidated  and  agreed  upon,  at  dollars. 

In  witness  whereof,  the  said   Commissioner,  and  the  said  C.  D^ 
have  hereunto  subscribed  their  names,  the  day  of  18       . 

E.  F. 
CD 


§  533.  Application  of  a  Commissioner  of  Highways,  to  the  County 

Court,  to  ajypoint  Commissioners   to  assess  Damages. 

To  the  County  Court  of  County : 

The  undersigned,  E.  F.,  Commissioner  of  Highways  in  and  Sot 
the  town  of  ,  in  said  county,  hereby  makes  application  to 


>  The  Coinmisnioner  and  party  intereated  I   agreement.    When  cxecuied,  it  ia  t«  b«  AMI 
««nnoi  oxctiBd  uite  huntlr»a  Uollara  ii>  this     in  the  office  of  the  Town  C'letk 


802  KE-w  clerk's  assistant. 

the  County  Court  thereof,  in  conformity  to  tflc  statute,  for  the  ap- 
poitment  of  Commissioners  to  assess  the  damages  for  laying  out  [or, 
altering;  or,  discontinuing]  the  highway  in  said  town  commenchig 
at  the  house  of  L.  M.  and  terminating  on  the  left  bank  of  the 
river ;  the  said  highway  having  been  so  laid  out  [or,  altered ;  or,  dis- 
continued] by  an  order  made  by  the  undersigned,  on  the 
day  of  ,  18         . 

Dated  the  day  of  ,18 

E.  F.,  Commissioner  of  Highways  ia 
and  for  the  Town  of 


§  534.  Appointment  of  Commissioners. 

At  a  County  Coiu-t  held  in  and  for  the  County  of  ,  at  the 

Court  House  in  said  county,  on  the  day  of  ,  A.  D.  18     . 

Present,  J.  P.  H.,  County  Judge: 

Oil  reading  and  filing  the  application  of  E.  F.,  Commissioner  of 
Highways  in  and  for  the  town  of  ,  in  the  said  coimty  of  , 

it  is  hereby  ordered,  in  accordance  with  the  terms  of  the  said  appli- 
cation,  tliat  G.  H.,  S.  T.,  and  L.  M.,  be  appointed  Commissioners  to 
assess  the  damages  for  laying  out  [or,  altering;  or,  discontinuing] 
the  highway  [describe  the  highway  as  in  the  application^  mentioned 
in  the  said  application. 

E.  B.  C,  Clerk 


§  535.  Notice  to  the  Commissioners  of  their  Appointment 

To  G.  H.,  S.  T.,  and  L.  M. : 

You  are  hereby  notified  that  you  have  been  duly  appointed  by  the 
County  Court  of  the  County  of  ,  Commissioners  to  assess 

the  damages  for  laying  out  [or,  altering;  or,  discontinuing]  the 
highway  [describe  the  highway  as  in  the  ap)2)lication;'\  and  that  you 
are  required  to  meet  the  undersigned  at  the  house  of  0.  P.,  in  the 
Town  of  ,  in  said  count3%  on  the  day  of 

next,  [or,  instant,]  at  o'clock  in  the  noon,  to  take  a  view 

of  the  said  premises,  and  to  hear  and  determine  the  matter  afore- 
said 

Dated,  &c.,  [cw  «i  §  533.] 


§  536.     Oath  of  Commissioners. 
I  do  solemnly  swear  [or,  aflirm]  that  I  will  support  the  Constitur 
tion  of  the  United  States,  and  the  Constitution  of  the  State  of  New 


HXGHTTATS.  303 

York ;  and  that  I  vnH  faithfully  discharge  the  duties  of  Commissioner 
to  assess  the  dajnages  for  laying  out  [o?;  altering ;  or,  discontinuing] 
the  highAvay  in  tlie  town  of  ,  in  the  county  of  ,  com- 

mencing at,  &c.,  [describe  the  highway  as  in  the  application,^  accor- 
ding to  the  best  of  my  ability. 


§  537.   Oath  to  be  Administered  by  the  Commissioners  to  Wit- 
nesses. 

The  evidence  you  shall  give  touchmg  the  assessment  of  damages 
hx  the  lapng  out  \or,  altering ;  or,  discontinuing]  the  highway  in 
question,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth-     So  help  you  God. 


§  538.  Assessment  of  the  Commissioners. 
County,  ss: 
We,  the  undersigned  Commissioners,  \or.  We,  the  undersigned, 
being  a  majority  of  three  Commissioners,  all  having  met  together 
and  acted,]  appointed  by  the  County  Court  of  County,  to 

assess  the  damages  for  laying  out  [or,  altering;  or,  discontinuing] 
the  highway,  [describe  the  highway,  as  in  the  application,^  which 
said  highway  has  been  so  laid  out  [or,  altered ;  or,  discontinued]  by 
an  order  of  E.  F.,  Commissioner  of  Highways  of  the  town  of  , 

in  said  county,  dated  the  day  of  ,  18      ,  having  taken 

tlie  oath  prescribed  by  the  Constitution,  viewed  the  premises,  and 
heard  the  parties,  and  such  witnesses  as  were  offered,  do  assess  the 
damages  for  laying  out  [or,  altering;  or,  discontinuing]  the  said  higb- 
way,  as  follows :  To  A.  B.  the  sum  of  dollars,  as  and  for  the 

damages  sustained  by  him,  by  reason  of  the  laying  out  [or,  as  afore- 
said] the  said  highway ;  to  (J.  D.  the  sum  of,  &c.,  &c.,  [specify  aM 
tJie  parties  to  whom  damages  may  be  awarded.] 

In  witness  whereof,  we  have  herexmto  set  our  names,  this 
day  of  ,  A.  D.  18    . 

G.  H.  J 

S.   T.  >■  Commissioners. 

L.  M. ) 


§  639.  JVotice  of  He-Assessment. 

Sir:  Take  notice,  that  I  consider  myself  aggrieved  by  [or,  if  the 

notice  is  given  by  a  Commissioner  of  Highways,  say:  Take  notice, 

»hat  I  am  dissatisfied  with]  an  assessment  of  damages  made  on  the 

day  of  ,18       ,  by  G.  H.,  S.  T.,  and  L.  M.,  Com- 


304  NRW  clerk's  assistant. 

missioners  for  thnt  purpose  appointed  by  the  County  Court  of 
County,  for  laying  out  [or,  altering;  or,  discontinuing]  tlie  liighwar 
[describe  the  highway  as  in  the  aHsessment,^^  which  said  Jissessnicnl  is 
now  on  tile  in  your  oifice;  and  that  a  jury  will  be  drawn  by  R.  P., 
Town  Clerk  of  the  town  of  ,  [the  adjoining  town,'\  at  his 

office  in  the  Sfiid  town  of  ,  on  the  day  of 

next,  [oi,  nistant,]  at  o'clock  in  the  noon,  to  re-assess  the 

said  damages.     Dated  the  day  of  ,18 

A.  B, 
[or,  E.  R,  Commissioner  of  Highway* 
in  and  for  the  Town  of  .] 

To  C.  D.,  Town  Clerk  of  the  Town  of 

[or,  To  Mr.  M.  B. — the  party  claiming  damages.'^ 


§  540.  Notice  to  the  Town  Clerk  of  an  Adjoining  Town  to  drau 
a  Jury. 

Sir :  You  are  hereby  required,  in  accordance  with  the  statute  m 
•uch  case  made  and  provided,  to  draw  a  juiy  of  twelve  jurors,  on  the 
day  of  next,  [or,  instant,]  at         o'clock  in  the         noon 

of  that  day,  to  re-assess  the  damages  for  laying  out  [or,  as  the  cas$ 
may  be~\  the  highway,  [describe  the  highway  as  in  (he  assessment;^ 
tlie  same  having  been  assessed  by  G.  IL,  S.  T.,  and  L.  M.,  Commis- 
Moners  fur  that  purpose  appointed  by  the  County  Court  of 
County,  but  I  conceiving  myself  aggrieved  by  [or,  1  being  dissatisfied 
"with]  the  said  assessment. 

Dated,  <kc.,  [as  in  ^  539.] 
To  R.  P.,  Town  Clerk  of  the  Town  of 


§  541.   Certijicate  of  the  Drawing  of  tlve  Jury. 

County,) 
Town  of  ,  p- 

I  do  certify  that,  upon  the  application  of  A.  B.,  [or,  E.  F.,  Com- 
missioner of  Highways  in  and  for  tiie  town  of  ,]  in  pursuance 
o[  the  statute  in  such  case  made  and  provided,  on  the  day  of 
,  18  ,  at  o'clock  in  the  noon,  at  my  office  in  the 
said  towm  of  ,  E.  B.,  M.  T.,  0.  R.,  &c.,  &c..  [name  all  the 
jurors,^  were  drawn  by  me  Jis  jurors  to  re-a.ssess  the  damages  for 
kying  out,  [or,  an  the  case  may  ie]  the  highway,  [describe  the  high- 
way ;^  the  said  damages  having  been  heretofore  assessed  by  G.  fl., 
S.  T.,  and  L.  M.,  Commissioners  for  that  purpose  appointed  by  the 
County  Court  of                     County;  but  the  sjiid  A.  B.,  conceiving 


HIGHWATB.  805 

himself  aggrieved  by  [or,  the  said  E.  F.  being  dissatistied  -with]  the 
said  assessment 

Given  under  my  hand,  tliis  day  of  ,  18     . 

R  P.,  Town  Clerk  of  the 
Town  of 


§  542.  Summons  of  the  Justices 
County,  )    g. 
Town  of  ,  ,  J      ' 

To  any  Constable  of  the  town  of  ,  in  said  county,  greeting: 

You  are  hereby  commanded  to  summon  E.  B.,  M.  T.,  O.  R.,  <kc, 
&c.,  [name  all  the  jurors  drawji,^  jurors  regularly  drawn  by  R.  P., 
Town  Clerk  of  the  town  of  ,  to  re-assess  the  damages  for  lay- 

ing out  [or,  as  the  case  may  he\  the  liighway,  \describe  the  highwarj, 
as  in  the  certificate  of  drawing,^  to  meet  at  the  house  of  O.  P.,  in 
tlie  town  of  ,  aforesaid,  on  the  day  of  next,  \or, 

instant,]  at  o'clock  in  the  noon  of  that  day,  for  the  pur- 

pose above  specified.     And  have  you  then  there  tliis  precept. 
Given  under  my  hand,  this  day  of  ,18. 

G.  H.,  JusUce  of  the  Peace. 


§  543.   Oath  of  the  Jurors. 
You  will  well  and  truly  determine  and  re-assess  such  damages  as 
shall  be  submitted  to  your  consideration.     So  help  you  God 


§  544.   Oath  to  Witnesses. 
The  evidence  you  shall  give  upon  this  re-assessment  of  damages  for 
laying  out  [or,  as  the  case  may  ^c]  the  highway  in  question,  shall  be 
tlie  truth,  the  whole  truth,  and  nothing  but  the  truth.     So  help  you 
Qod. 


§  545.    Verdict  of  the  Jury. 
County,  ) 
Town  of  ,P^' 

We,  the  subscribers,  the  jurors  drawn,  summoned  and  sworn,  to 

rc-asscss  the  damages  for  laying  out  [or,  as  the  case  may  ic,]  the 

highway,  [describe  the  highway,]  in  pursuance  of  the  order  of  E.  F., 

Commissioner  of  Highways  in  and  for  the  town  of  ,  bearmg 

20 


$06  KEW    clerk's    ASSiSTANT. 

date  the  day  of  » 18     ,  Laving  >'iewed  the  premises, 

and  heard  the  parties,  and  such  witnesses  as  were  offered  before  us, 
do  hereby  re-assess  the  damages  aforesaid,  as  follows :  To  A.  B.,  the 
sum  of  dollars,  for  the  damages  sustained  by  him  by  reason 

•if  the  laying  out  [or,  as  the  case  may  be'\  the  said  highway;  to  0. 
D.,  the  sum  of,  (kc.,  [specify  all  the  parties  to  whom  damages  may  he 
awarded.^ 

In  witness  whereof,  we  have  hereunto  set  our  hands,  this 
day  of  ,  18     ,  E.  B., 

M.  T., 
0.  R, 
&C.  (fee.,  J 


■  Jurors. 


§  546.   Certificaie  of  the  Justice, 

County,  ) 
Town  of  j-ss.          ^ 

I,  G.  H.,  one  of  the  Justices  of  the  Peace  of  said  town,  do  certify, 
that  the  above  is  the  verdict  of  the  jury  summoned  by  my  summons, 
and  drawn  and  sworn  by  me  to  determine  and  re-assess  the  damages 
for  the  laying  out  [or,  as  the  case  may  be"]  the  highway  mentioned 
in  the  said  verdict 

Given,  &c.,  [as  in  §  542.] 


§  547.  Application  to  Discontinue  an  Old  Road} 

To  E.  F.,  the  Commissioner  of  highways  of  the  town  of  ,  in 

the  County  of  : 

I,  the  undersigned,  A.  B.,  a  resident  of  sdd  town,  liable  to  be  as- 
sessed for  highway  labor  therein,  hereby  make  application  to  you, 
the  said  Commissioner,  to  discontinue  the  old  road  in  said  town,  com- 
meacing  near  my  dwelling  house,  [give  descripttion  of  the  part  sought 
to  be  discontimied,']  on  the  ground  that  the  said  road  hjis  become 
useless  and  unnecessary. 

Dated,  A:c.  A.  B. 


§  548.   Oath  to  Freeholders  on  Application  to  Discontinm. 

You,  and  each  of  you,  do  solemnly  swear,  that  you  will  well  ana 
truly  examine  and  certify,  in  regard  to  the  propriety  of  discontinu- 
ing the  road,  for  which  application  has  been  made  by  A.  B. 


>  The   Commissioner  receiving  the   application,   is  required  to    Bummon  twelve  ilisin 
i«ir«sted  freeholders,  to  examine  the  preimses  and  consider  such  application. 


HIGHWATS.  SOT 

§  549.   Certificate  to  Discontinue. 

County,  ^  gg^ 
Town  of  , )      * 

We,  the  undersigned,  disinterested   freeholders   of  said  town  of 

,  hanng  met  at  the  house  of  R.  P.,  in  said  town,  on  this 

day  of  ,18        ,  in  pursuance  of  the  summons  of 

E.  R,  the  Commissioner  of  Highways  of  the  said  town,  in   order  to 

examine  and  certify  in  regard  to  the  propriety  of  discontinuing  the 

road  described  in  the  annexed  application  of  A.  B.,  do  certify,  that 

we  have  personally  examined  the  said  road,  and  that  in  our  opinion 

the  same  is  useless  and  imnecessary,  and  ought  to  be   discontinued. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  thU 

day  of  ,  18       .  G.  H., 

&c.,  dec 


§  550.   Order  for  Discontinuing  a  Road} 

County,  \ 
Town  of  ,  j' 

Upon  the  application  of  A.  B.,  of  said  town,  for  the  discontinu- 
ance of  the  road  hereinafter  described;  and  on  the  certificate  of 
twelve  disinterested  freeholders,  duly  summoned  and  sworn,  who 
have  in  due  form  certified  that  said  road  is  useless  and  unnecessaiy ;. 
it  is  hereby  ordered  by  E.  F.,  the  Commissioner  of  highways  of 
said  to^vn  of  ,  [or,  the  Commissioners,  &c. ;  or,  two  of  the 

Commissioners,  &c.,  all  of  said  Commissioners  having  been  duly  no- 
tified to  attend  and  deliberate  on  the  subject  of  this  order,]  that  the 
said  road,  of  wliich  the  following  is  a  survey,  made  by  the  direction 
of  the  said  Commissioner,  \or,  Commissioners,]  m :  [insert  survey,'] 
be  and  the  same  is  hereby  discontinued,  [or,  be  not  discontinued.] 

In  witness,  &c.,  [as  in  §  526.] 


§  551.  Appeal  to  the  County  Judge  from  the  Determination  of  ike 
Commissioner,  or  Commissioners,  of  Highways. 

To  J.  P.  H.,  Esq.,  County  Judge  of  County: 

I,  A.  B.,  of  the  town  of  ,  in  said  county,  conceiving  myself 

aggrieved  by  the  determination  of  E,  F.,  Commissioner  of  llighwaya 
ol"  said  town  of  ,  made  on  the  day  of  ,18       ,  in 


'  .'VU  applications,  certificates  and  i>ripcra,  I  of  the  Town   Clerk,  as  soon  a.s  ihe   Fiil.lcct 
ctHaiivo  to  iho  layiiiu  oui,  altering  or  disron-     matter  of  tlie  sdiue   tM   Uetl  .«U.     li    U.    S 
MHuiiig,  any  road,  ;ue  lo  be  riled  in  the  olHce"  |  oii.) 


308  KBW  clerk's  assistant. 

iaying  out  [or,  altermg ;  or,  discontinuing ;  or,  in  refusing  to  lay  out , 
or,  as  aforesaid]  a  highway  in  said  town,  upon  the  application  of  C. 
D.,  do  hereby  appeal  to  you  from  such  determination.  The  said 
highway  [or,  alteration  of  the  said  highway]  is  described  in  the  order 
of  the  said  Commissioner,  filed  and  recorded  in  the  otfice  of  the  Town 
Clerk  of  stvid  town  of  ,  on  the  day  of  ,18       ,  *  aa 

follows:  [insert  description.^  The  grounds  upon  wliich  this  appeal 
is  made,  cU"e  [state  the  same  particularly ;^  and  said  appeal  is  brought 
to  reverse  entirely  the  determination  of  the  said  Commissioner,  [or, 
to  reverse  the  determination,  etc.,  specif  t/ing  the  part  sought  to  be  re- 
versed^ 

Dated  this  day  of  ,18.  A.  B. 


§  552.  Appointment  of  Referees  hy  the  County  Judge. 

County,  ss: 
Whereas,  on  the  day  of  ,  A.  D.,  18      ,  A  B.,  of  the 

town  of  ,  in  said  county,  appealed  to  me  from  the  order  and 

determination  of  E.  F.,  Commissioner  of  Highways  of  said  town, 
contained  in  his  order,  filed,  etc.,  [as  in  §  551,  to  the  * :  if,  however, 
the  referees  are  to  hear  several  appeals,  all  should  he  meiit/oiied  in 
tlie  appointment:^  Now,  therefore,  in  accordance  with  the  statute  in 
such  case  made  and  provided,  I  do  hereby  appoint  G.  H.,  S.  T.,  and 
L.  M.,  residents  of  the  said  county,  but  not  of  the  said  town  of 
,  referees  to  hear  and  determine  the  said  appeal,  [or  ap- 
peals.] 

Given  under  my  hand,  this  day  of  ,  18     . 

J.  P.  H.,  County  Judge. 


§  653.  Appointment  of  Referees  hy  one  of  the  Justices  of  the  Ses- 
sions, where  the  County  Judge  is  Interested,  or  otherwise 
Disabled. 

County,  ss: 
'Whereas,  on  the  day  of  ,  A.  D.,  18       ,  A.  B.,  of 

(the  town  of  ,  in  said  county,  appealed  to  the  Hon.  ,1.  P.  H., 

.County  Judge  of  said  county,  from  the  order  and  determination  of 
JE.  (F.,  Commissioner  of  Highways  of  said  town,  contained  in  Jiis 
ordei-,  filed,  &c.,  [as  in  §  551,  to  the  *,  or  follow  the  direction  in 
,§  552  :]  and  whereas  the  said  County  Judge  is  a  resident  of  the  said 
(town  of  ,  [or,  is  interested  m  the  lauds  thiough  which  tl^ 

jsaid  roftd  is  laid  out;  or,  is  of  kin  to  A.  B.,  one  of  the  persons  inte- 
jested  in  the  lands  through  Avhich  said  road  is  laid  out;  or,  if  the 
Jitdge  be  di^{ibled  for  any  other  cause,  state  the  fact:J    Now,  there- 


HIGHWATS.  809 

fore,  in  accordance  with  the  statute  in  such  case  made  and  provided, 
I,  the  undersigned,  one  of  the  Justices  of  the  Sessions  of  the 
said  county  of  ,  do  hereby  appoint  G.  H.,  S.  T.,  and  L.  M., 

residents  of  the  said  county,  but  not  of  the  said  town  of  ,  re- 

ferees to  hear  and  determine  the  said  appeal,  [or,  appeals.] 
Given  under  my  hand,  this  day  of  ,18 

E.  W.  fe..  Justice  of  the  Sessions. 


§  554.  Notice  to  the  Referees  of  their  Appointment. 

ToG.  H.,  S.  T.,  andKM: 

Take  notice,  that  you  have  been  duly  appointed  by  me,  as  referees 
to  hear  and  determine  an  appeal  made  from  the  order  and  determi- 
nation of  E.  F.,  Commissioner  of  Highways  of  the  town  of  ,  in 
the  county  of  ,  contained  in  liis  order,  filed,  ckc,  \as  in  §  551 
to  the  *;  or,  if  there  are  other  appeals,  sj^ecift/  them  also:'\  and 
that  the  papers  herewith  delivered,  are  all  the  papers  pertaining  to 
the  matter  [or,  matters]  referred  to  you  as  aforesaid. 

Dated  the  day  of  ,18 

J.  P.  H.,  County  Judge  of  County ; 

[or,  E.  W.  B.,  Justice  of  the  Sessions  of  County.] 


§  555.  Kotice  to  he  given  by  the  Referees  to  the  Commissioner. 
To  E.  F.,  Commissioner  of  Highways  of  the  town  of  ,  in  the 

County  of  , 

Take  notice,  that  we  have  been  duly  appointed  referees  to  hear 
and  determine  an  appeal  made  to  J.  P.  H.,  County  Judge  of  the 
county  of  ,  by  A.  B.,  of  said  town  of  ,  from  your  de- 

termination contained  in  your  order,  made  on  the  day  of  , 

18       ,  and  filed  and  recorded  in  the  office  of  the  Town   Clerk  of 
said  town,  on  the  day  of  ,18         ,  refusing  to  lay  out 

&c.,  [as  in  the  appeal;^  and  that  we  shall  attend  at  the  house  of  0. 
P.,  in  said  town,  on  the  day  of  instant,  [or,  next,]  at 

o'clock  in  the  noon  of  that  day,  to  hear  and  determine 

such  appeal.  G.  H.,  ) 

Dated  the        day  of  ,18      ,  S.  T.,    [  Referees. 

L.M.,  ) 


§  556.  Notice  to  the  Appellant,  or  Applicant. 
ToA.B.: 

Take  notice,  that  we  shall  atteni  'at  the  house  of  0.  P.,  in  this 
town  of  ,  in  tJbe  county  o^  ,  on  th«  day  of 


310  NEW  clerk's  assist akt. 

instant,  [or,  next,]  at  o'clock  in  the  noon  of  that  day, 

to  hear  and  determine  the  appeal  made  by  you  [or,  made  by  A.  B.l 
to  J.  P.  H.,  County  Judge  of  said  county,  from  the  order  and  deter- 
mination of   E.  F.,  Commissioner  of  Highways  of  the  said  town  of 
,  contained  in  his  order  made  on  the  day  of  , 

1 8     ,  and  filed  and  recorded  in  the  office  of  the  Town  Clerk  of  said 
t<3\\Ti,  on  the  day  of  ,  18       ,  refusing  to  lay  out,  «kc., 

[as  in  the  appeal.^ 

Dated,  &c.,  [as  in  §  555.] 


§  657.  Subpoena  on  an  Appeal. 
County,  ss: 
To  M.  B.,  R  F.,  and  P.  T.,  greeting: 

You,  and  each  of  you,  are  hereby  commanded,  in  the  name  of  the 
people  of  the  State  of  New  York,  to  appear  before  us,  at  the  house 
of  0.  P.,  in  the  town  of  ,  in  said  county,  on  the  day  of 

instant^  [or,  next,]  at  o'clock  in  the  noon  of 

tliat  day,  to  testify  in  the  matter  of  an  appeal  made  by  A.  B.,  from  a 
determination  of  E.  F.,  Commissioner  of  Highways  of  the  said  town 
of  ,  on  the  part  of  the  said  A.  B.,  appellant,  [or  the  said  E. 

F.,  Commissioner.] 

Given  \inder  our  hands,  this  day  of  ,18 

G.  H., ) 

S.  T.,  \  Referees. 
L.M.,S 


§  558.   Oath  of  the  Referees. 
You,  and  each  of  you,  do  solemnly  swear,  that  you  will  faithfully 
hear  and  determine  the  appeal  [or,  appeals]  referred  to  you. 


§  559.    Oath  to  he  Administered  to  a  Witness  by  the  Referees. 

The  evidence  you  shall  give  upon  this  hearing  of  the  appeal  of  A 
B.,  shall  be  the  truth,  the  whole  truth,  and  notliing  but  the  trutL 
So  help  you  God. 


§  560.  Decision  of  the  Referees  upon  an  Order  in  relation  to  Alter- 
ing or  Discontinuing  a  Road. 
County,  ss: 
Whereas,  on  the  day  of  ,  A.  D.,  18       ,  A  R, 

(rf  the  town  of  ,  in  said  county,  appealed  to  the  Hon.  J.  P.  H., 


HIGHWAYS.  311 

Oounty  Judge  of  said  county,  from  the  order  and  determination  of 
E.  F.,  Commissioner  of  HighAvays  of  said  town,  contained  in  his  ois 
der,  filed,  (tc,  [as  in  §  551,  to  the  *,  and  then  add:]  copies  of  which 
Kiid  appeal  and  order  are  hereto  annexed;  and  whereas  we,  the 
undersigned,  having  been  duh^  appointed  by  the  said  County  Judge, 
[or,  by  E.  W.  B.,  Esq.,  one  of  the  Justices  of  the  Sessions  of  the  said 
c.iuiitv,  the  said  County  Judge  being  disabled  from  actmg  in  the 
premises,]  referees  to  hear  and  determine  the  said  appeal,  attended  at 
tJie  house  of  0.  P.,  in  the  said  town  of  ,  on  this  day 

«»f  ,18       ,  at  o'clock  in  the  noon,  in  pursuance  of 

notice  duly  given  to  the  said  Commissioner,  and  to  the  said  A.  B.,  tl:ie 
apjilicant  above  named,  according  to  the  statute  in  such  case  made 
}u id  provided,  to  hear  the  proofs  and  allegations  of  the  parties:  And 
whereas,  such  hearing  having  been  had  in  the  premises,  Ave  do  here- 
by adjudge,  decide,  and  determine,  that  the  order  and  determination 
«if  the  said  Commissioner*  be,  and  the  same  is  in  all  things  affirmed; 
[or,  reversed ;  or,  reversed  in  part,  as  follows,  to  wit :  set  fgrth  the 
dedsioi  in  full.] 

Given,  <kc.,  [as  in  §  557.] 


§  561.  Decision  of  the  Referees  on  an  Order  Refusing  to  lay  out  a 

Road. 

County,  ss: 

^^^lerecls,  A'C,  [as  in  §  560,  to  the  *,  and  then  add:l  be,  and  the 
ftrtme  is,  in  all  things  reversed ;  and  that  a  highway  be,  and  the  same 
is.  hereby  laid  out,  pursuant  to  the  application  of  the  said  A.  B., 
pursuant  to  a  survey  thereof,  which  we  have  caused  to  be  made,  as 
f'.illows,  to  wit:  Beginning,  &c.,  [insert  the  survey^  And  we  do  fiu*- 
tJier  order  and  declare,  that  the  line  above  mentioned,  shall  be  the 
centre  of  the  said  highway,  which  is  to  be  the  width  of  rods. 

Given,  &c.,  [as  in  §  557.] 


§  562.  Notice  to  tlie  Occupant  of  Land  to  Remove  Fences,  after  a 

Final  Decision. 
To  Mr.  CD.: 

Take  notice,  that  I,  the  undersigned.  Commissioner  of  Highway* 
of  the  town  of  ,  have,  by  an  order  duly  made  and  filed  with 

Uie  Town  Clerk,  bearing  date  the  day  of  ,18       ,  a 

copy  of  which  is  hereunto  annexed,  laid  out  a  public  highway  through 
your  lands;  and  you  ai-e  hereby  required  to  remove  yom-  fences  from 


SI  2  NEW  clerk's  assistant. 

■within  the  boiinds  of  said  highway,  within  sixty  days  after  service  cA 
this  notice. 

Dated  the  day  of  ,18 

E.  F.,  Comnussioner. 


§  563.   Order  of  the  Commissioner  to  Remove  Fences,  in  case  o/"^ 
UncroachmenL 
County) 
Town  of  ,  P^- 

I,  the  undersigned,  Commissioner  of  Highways  of  said  town,  hav- 
ing ascertained  that  the  public  liighway  therein,  leading  from  the 
house  of  C.  D.  to  the  house  of  G.  H.,  is  encroached,  upon  the 
side  thereof,  along  the  lands  in  the  occupation  of  C.  D.,  by  a  rail 
fence  erected  by  the  present,  or  some  former  occupant  thereof,  which 
forms  a  part  of  the  enclosure  of  s;iid  land ;  and  ha^^ng  caused  the 
said  highway  to  be  surveyed,  and  having  ascertained  the  easterly 
bounds  and  limits  thereof  to  be  upon  and  according  to  the  following 
line,  to  wit:  Beginningj  &c.,  [insert  the  survey :'\  and  that  all  that 
narrow  strip  or  piece  of  land  which  lies  under  the  said  rail  fence  [or, 
under  said  rail  fence,  and  between  the  said  rail  fence  and  the  Une 
above  described,  as  the  fact  may  be:~\  is  a  part  of  the  public  highway 
aforesaid :  It  is  therefore  ordered,  by  the  undersigned  Commissioner 
of  Highways  of  said  town,  that  the  said  rail  fence  be  removed,  so 
that  the  said  highway  be  open  and  unobstructed,  and  of  the  breadth 
originally  intended,  wliich  was  rods. 

Given,  under  my  hand,  this  day  of  ,18 

E.  F.,  Commissioner. 


§  564.  Notice  to  Occupant  to  Remove  Encroachment. 

ToMr.  C.  D.: 

Take  notice,  that  an  order,  of  which  a  copy  is  hereunto  annexed, 
has  been  made  by  the  undersigned,  tlie  Commissioner  of  Highways 
(rf  the  town  of  ,  in  the  county  of  ,  and  you  are 

hereby  required,  according  to  the  statute  in  such  case  made  and  pro- 
vided, to  remove  the  fence  therein  mentioned,  within  sixty  days  aftei 
service  of  this  notice. 

Dated  the  day  of  ,  18      . 

E.  F.,  Commissioner 


HIOHWATS.  h^4 

8  565.  Prece'pt  to  Summon  Freeholders,  in  case  of  an  Encroach- 
ment} 
County,  ] 
Town  of  ,f 

To  any  Constable  of  said  town,  greeting: 

You  are  hereby  commanded  to  summon  twelve  freeholders  of  the 
said  town  of  ,  to  meet  at  the  house  of  0.  P.,  in  said  town,  on 

the  day  of  instant,  at  o'clock  in  the 

noon,  to  inquire  whether  any  encroachment  has  been  made,  and  by 
whom,  on  the  highway  nmning  by  \or,  through]  the  land  now  occu- 
pied by  C.  D.,  in  said  town :  and  to  give  at  least  three  days'  notice 
to  E.  F.,  the  Commissioner  of  Highways  of  said  town,  and  to  C.  D., 
of  the  time  and  place  at  which  the  said  freeholders  are  to  meet ;  and 
have  you  then  there  the  names  of  the  freeholders  summoned  by 
you,  and  tliis  precept. 

Given  under  my  hand,  this  day  of  ,  18      . 

G.  H.,  Jiistice  of  the  Peace. 


§  566.  Oath  to  Jurors. 
You,  and  each  of  you,  do  solemnly  swear,  that  you  will  well  and 
truly  inquire  whether  any  encroachment  has   been  made,  and   by 
whom,  on  the  highway  now  in  question. 


§  567.  Oath  of  Witness. 
You  do  swear,  that  the  e'vadence  you  shall  give  in  relation  to  the 
encroachment  on  the  highway  now  in  question,  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth. 


§  568.  Certificate  of  Jury. 
County,  )      . 
Town  of  ,[^' 

We,  the  subscribers,  freeholders  of  said  town,  having  been  sum- 
moned and  assembled,  on  the  day  of  the  date  hereof,  at  the  house 
of  K  P.,  in  said  town,  pursuant  to  a  precept  issued  by  G.  H.,  Esq., 
a  Justice  of  the  Peace  of  the  said  town,  and  having  been  duly  sworn 
by  said  Justice,  on  the  application  of  E.  F.,  the  Commissioner  of 
Highways  of  said  town,  to  inquii-e  whether  any  such  encioachment 


'  Tho  lime  specifie>l  in  tbe  precept  for  the  meeting  of  th*  (jreeholden  miui  mot  b«  Imi  I 
imi  days  after  iBvuiag  the  lame. 


314  NEW  clerk's  assistant. 

on  the  public  higliway  in  said  town,  as  is  specified  in  the  order  (A 
said  Commissioner,  dated  the  day  of  last,  [or,  instant,]  has 

been  made,  and  by  whom ;  and  having  heard  the  proofs  and  alle- 
gations produced  and  submitted,  do  certify,*  that  such  encroachment 
has  been  made  by  C.  D.,  the  present  occupant,  [or,  R.  ¥.,  the  for- 
mer occupant.] 

And  we  hereby  certify,  that  the  particulars  of  such  encroachment 
are  as  follows,  to  wit :  That  said  encroachment  commences  on  the 
north  line  of  said  road,  at  [insert  a  description,^  and  that  the  rail 
fence  along  the  land  now  in  the  occupation  of  the  said  C.  D.,  is  upon 
the  pubUc  highway,  and  is  an  encroachment  thereon. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this 
day  of  ,  18    «  G.  H. 

&,C.,  &,Q, 


§  569.   Certificate  where  no  Encroachment  is  found. 

County,  ) 
Town  of  ,  f  ^^* 

We,  the  subscribers,  &c.,  [as  hi  §  568  to  the  *,  and  then  add:"] 
that  no  such  encroachment  has  been  made  on  the  said  highway ;  and 
we  have  ascertained  and  do  certify  the  damages  of  C.  D.,  the  occu- 
pant of  the  land  through  [or,  by]  which  the  said  highway  runs,  by 
reason  of  the  said  Commissioner's  proceedings  against  him,  to  be 
dollars. 
In  witness,  (fee,  [as  in  §  568,  ] 


§  570.    Warrant  to  Collect  Costs  of  Proceedings  upon  an  Encroach- 
ment?- 

The  People  of  the  State  of  New  York  to  any  Constable  of  the  Town 
of  ,  in  the  County  of  : 

Whereas,  E.  F..  the  Commissioner  of  Highways  of  the  said  town, 
did,  on  the  day  of  ,  18     ,  make  and  subscribe  an  order 

or  certificate  for  the  removal  of  a  certain  fence,  as  an  encroachment 
upon  the  liighway  running  through  land  in  the  said  town,  in  the  occu- 
pation of  C"  D.,  specifying  the  breadth  of  the  road,  and  the  extent 
and  place  of  the  encroachment:  which  said  encroachment,  having 
been  denied  by  said  occupant,  a  jury  of  twelve  freeholders  was,  upon 
the  application  of  said  Commissioner,  by  a  precept  issued  by  me,  duly 
summoned  to  inquire  into  the  premises ;  and  the  said  jury  being  duly 


»  The  warrant  is  to  be  issued  in  ten  days  after  Ihe  finding  of  the  jury,  proTidad  the  cost* 
>re  not  sooner  paid. 


HIGHWAYS.  315 

assembled  and  sw€hti,  after  due  notice  to  said  occupant,  as  required 
by  law,  and  ha\'ing  heard  the  proofs  and  allegations  produced  and 
submitted  by  the  pai-ties  respectively,  certified  in  writing,  that  an  en- 
croachment had  been  made  by  C.  D.,  the  occupant  of  said  land :  And 
whereas,  the  costs  of  said  inquiry  amount  to  dollars  nnd 

cents,  which  remain  unpaid :  you  are,  therefore,  commanded  to  levy 
the  said  costs  of  the  goods  and  chattels  of  the  said  C.  D.,  and  bring 
the  same  before  me  without  delay. 

Witness  my  hand  and  seal,  the  day  of  ,18, 

G.  H.,  Justice,  [l.  s.] 


§  571.    Order  of  Commissioners  of  Adjoining  Towns  for  Laying  ovi 
a  Highway  on  the  Line  between  the  Towns. 
County,  ss: 
At  a  meeting  of  the  Commissioners  of  Highways  of  the  towns  of 
and  ,  in  said  county  of  ,  held  in  said  town  of 

,  on  this  day  of  ,  18     ,  for  the  purpose  of  lay- 

ing out  a  highway  upon  the  line  between  the  said  towns :  It  is  ordered 
and  determined  by  the  said  Commissioners,  that  a  highway  be  laid 
out  upon  the  hne  between  the  said  towns,  according  to  a  survey 
thereof,  which  the  smd  Commissioners  have  caused  to  be  made,  as 
follows:  \insert  survey  f\  and  that  the  snid  line  above  described  be 
the  centre  of  the  said  liighway,  and  that  the  said  highway  be  of  the 
width  of  rods :  And  it  is  further  ordered,  that  the  said  liighway 
be  divided  into  two  road  districts,  as  follows :  that  part  thereof  from 
to  ,  shall  be  one  of  the  said  road  districts,  and  shall  be 

allotted  to  the  town  of  ;  and  the  residue  of  the  said  liighway 

shall  be  the  other  of  the  said  road  districts,  and  shall  be  allotted  \o 
the  town  of 

In  witness,  whereof,  the  said  Commissioners  have  hereunto  sub- 
scribed their  names,  the  day  of  ,  18     . 

E.  F.,  Commissioner  of  Highways  of  the  Town  of  , 

M.  P.,  Commissioner  of  Highways  of  the  Town  of 


§  572.  Application  for  a  Private  Road. 

To  E.  F.,  the  Commissioner  of  Highways  of  the  Town  of  ,  in 

the  County  of 

I,  A.  B.,  the  undersigned,  a  resident  of  ssud  town,  and  liable  to  be 

assessed  for  highway  labor,  do  hereby  make  application  to  you,  the 

said  Commissioner,  to  lay  out  a  private  road  for  my  use,  commencing 


316 


NBW   clerk's   assistant. 


&c.,  [insert  a  description  of  the  road  as  applied  /or,"]  and  passing 
tiirough  the  land  of  C  D.,  in  said  town. 
Dated  the  day  of  ,  18     . 

A.B. 


§  573. 


Notice  to  the  Occupant  on  an  Application  for  a  Private 
Boad.^ 


To  C.  D.,  of  the  Town  of  ,  in  the  Coimty  of  : 

Take  notice,  that  I  have  applied  to  E.  F.,  Commissioner  of  High- 
ways of  said  town,  to  lay  out  a  private  road  for  my  use  through  your 
land  [or,  through  land  of  which  you  are  the  occupant ;]  and  that 
twelve  disinterested  freeholders  will  meet  on  the  day  of 

instant,  [or,  next,]  at  ten  o'clock  in  the  forenoon  of  that  day,  at  the 
house  of  R.  F.,  in  said  town,  to  view  the  lands  through  which  the 
road  is  applied  for ;  to  determine  whether  the  same  be  necesssary,  ac- 
cording to  the  statute ;  and  to  assess  the  damages. 

Dated,  <fec.,  [as  in  §  572.]  A-  B. 


§  574.  Notice  to  the  Town  Clerk  requiring  a  Jury  to  he  drawn,  to 
Re-assess  the  Damages  for  Laying  Out  or  Altering  a  Pri- 
vate Road. 
To  C.  D.,  Town  Clerk  of  the  town  of  : 

Take  notice,  that  I  am  dissatisfied  with  the  assessment  of  damages 
made  by  the  jury  of  freeholders  called  and  sworn  to  certify  and  de- 
termine with  regard  to  the  necessity  and  propriety  of  laying  out  [or, 
altering]  a  private  road  through  the  land  of  M.  B.,  in  said  town, 
whose  certificate,  dated  on  the  day  of  ,18       ,  is  now 

on  file  in  your  office;  and  that  I  require  you  to  draw  a  jury,  in  ac- 
cordance with  the  statute  in  such  case  made  and  provided,  on  the 
day  of  instant,  [or,  next,]  at  o'clock  in  the 

noon  of  that  day,  to  re-assess  the  said  damages. 
Dated  the  day  of  ,  18       . 

E.  F.,  Commissioner  of  Highways  of  said  town  of 


1  Tho  remaining  forms  necessary  in  this 
proceeding,  may  be  prepared  from  those 
given  in  other  cases.  The  freeholders  are  to 
be  sworn,  ice,  m  the  same  niaaner  as  upon 
an  application  to  lay  out  a  public  road.  1 
R.  S.  (3d  ed.)  632,  §  93,  et  seq.  The  amount 
•f  the  Uamages  sustained  by  the  opeoing  of  a 
private  road,  as  ti.xed  by  the  jury,  together 
with  the  expenses  of  tlis  proceeding,  masi  be 


paid  by  the  person  to  be  benefited.  Amended 
Constitution,  Art.  i,  §  7.  The  Commissio.iet 
should  make  an  order  establishing  the  road, 
in  accordance  with  the  certificate  of  the  tree- 
holders,  unless  he  is  dissatisf  ^d  with  the  as- 
sessment of  the  tomages,  it  which  ca»e  W 
must  give  the  notice  to  th«  Vvfia.  Clerk  »e 
quiring  a  jury  to  be  drawn. 


HIGHWAYS.  317 

§  575.  Notice  to  Persons  Interested  that  a  Jury  will  be  drawn  to 

He-assess  the  Damages.^ 
To  A.  B.: 

Take  notice,  that  a  jury  will  be  drawn  by  C.  D.,  To^ti  Clerk  of 
the  town  of  ,  at  his  office  in  said  town,  on  the  day  of 

instant^  \or,  next,]  at  o'clock  m  the  noon  of  that 

day,  to  re-assess  the  damages  for  laying  out  {^or,  altering]  a  private 
road  through  the  land  of  M.  B.,  in  said  town,  heretofore  assessed  by 
a  jury  of  freeholders,  to  wit,  on  the  day  of  instant,  \or, 

last  past] 

Dated,  &c.,  \as  in  §  574.] 


1  The  other  forms  necessary  in  this  proceed- 
ing, may  be  prcpareil  Irnni  ihose  heretofore 
given  in  other  rase?  ot  reassessments.  Tlie 
jury  is  to  be  ilrawn  by  the  Town  Clerk  of  the 
town  in  which  the  private  mad  is  situated, 


from  the  jury  list  of  euch  town  ;  but.  in  all 
other  respects,  the  proceedings  are  to  be  con- 
'liirted  in  the  same  manner  as  if  it  were  a 
question  concemiug  a  public  road. 


CHAPTER    XXIII. 

HUSBAND  AND  WIPE. 

PRACTICAL      REMARKS. 

1.  Man-iage  is  regarded  in  law  as  a  civil  contract^  to  wliich  th« 
consent  of  parties  capable  of  contracting,  is  essential.  From  the  na- 
ture of  this  contract,  it  exists  during  the  lives  of  the  two  parties, 
unless  dissolved  from  causes  which  defeat  the  marriage,  or  from  re- 
lations imposing  duties  repugnant  to  matrimonial  rights  and  obliga- 
tions.' 

2.  The  age  of  consent  to  marriage,  by  the  civil,  as  well  as  the 
common  law,  is  fixed  at  fourteen  in  males,  and  twelve  in  females. 
In  the  State  of  Ohio,  the  age  of  consent  fixed  by  statute  is  eighteen 
in  males,  and  fourteen  in  females ;  and  in  Massachusetts,  it  is  seven- 
teen in  males,  asd  fourteen  in  females." 

3.  No  peculiar  ceremonies  are  requisite,  by  the  common  law,  to 
the  vahd  celebration  of  marriage ;  the  essence  of  the  contract  being 
the  consent  of  the  parties,  that  alone  is  required.  It  is  not  necessary 
that  a  clergyman  should  be  present  to  give  vaUdity  to  a  marriage : 
the  consent  of  the  parties  may  be  declared  before  a  magistrate,  or 
simply  before  witnesses,  —  or  subsequently  confessed  or  acknow- 
ledged ;  or  the  marriage  may  be  inferred  from  continual  cohabitation, 
and  reputation  as  husband  and  wife,  except  in  cases  of  civil  actions 
for  adultery,  and  in  public  prosecutions  for  bigamy.' 

4.  In  Mciine,  Massachusetts  and  Connecticut,  it  is  required  by 
statute,  that  there  be  a  pubUcation  of  bans  previous  to  the  marriage: 
that  it  be  solemnized  by  a  clergyman,  or  magistrate ;  and  if  the  male 
is  imder  twenty-one,  or  the  female  under  eighteen,  the  consent  of 


'  2  R.  S.  (3d  ed.)  199,§  1;  2  Kent's  Commcn-  I     a  2  Kent's  rommentaries,  (2d  ed.)  78. 
taries,  (2de(l.)  75,  ol  seq;  4  Johnson,  52;  18  Id.,  j      a  2  Kent's  (-'omreentaries  (2J  ed  )  66,  87;  4 
HG;  20  Id.,  Ij  7  Wendell,  47;  1  Uopkins,  498.  i  Johnson,  52;  I  Hill,  270. 


HUSBAND  AND  WIFE. 


ait 


the  parents  or  guardians  must  be  siven.  In  the  State  of  New  York, 
if  the  female  be  under  the  age  of  fourteen,  the  consent  of  the  father, 
mother,  or  guardian,  is  required.  Similar  legislative  regulations  exist 
in  Isew  Hampshire,  New  Jersey,  Kentucky,  and  other  States.  The 
most  eminent  jurists,  however,  concur  in  the  opinion,  that  a  marriage 
made  according  to  the  common  law,  without  observing  any  of  the 
statute  regulations,  would  be  valid.' 

5.  For  the  purpose  of  being  registered  and  authenticated,  accord- 
ing to  the  provisions  o^he  Revised  Statutes  of  this  State,  marriages 
are  to  be  solemnized  only  by  the  folloAving  persons :  ministers  of  the 
gospel,  and  priests  of  every  denomination;  Mayors,  Recorders  and 
Aldermen,  of  cities;  County  Judges,  and  Justices  of  the  Peace.  It 
is  the  duty  of  clergymen,  magistrates,  and  other  persons  who  per- 
form the  marriage  ceremony,  to  keep  a  registry  of  the  marriages 
celebrated  by  them ;  and  to  ascertain,  as  far  as  practicable,  and  note 
in  such  registry,  the  ages  of  the  persons  married,  and  the  time 
thereof,  and  their  places  of  biijth  and  their  residences.  It  is  also 
their  duty,  to  allow  the  clerks  of  the  school  districts,  within  which 
they  respectively  reside,  to  inspect  such  registries,  from  time  to  time, 
and  to  furnish  them  such  other  information  in  their  power  as  may  bo 
necessary  to  enable  them  to  make  the  retimis  required  by  law. 
Clergymen  and  other  persons  sole'';<nizing  marriages,  are  also  re- 
quired to  ascertain  that  the  parties  are  of  sufficient  age  to  contract 
marriage,  and  the  names  and  places  of  residence  of  two  of  the  attest- 
ing Avitness»s,  if  more  than  one  be  present,  and  if  not,  then  the  name 
and  place  of  residence  of  such  witness,  which  facts  are,  in  Uke  man- 
ner, to  be  recorded  in  their  registry  of  mamages.' 

6.  Whenever  a  marriage  is  solemnized,  pursuant  to  the  foregoing 
provisions,  the  minister,  or  magistrate,  is  required  to  furnish  to  either 
party,  on  request,  a  certificate  thereof,  specifying  the  names  and 
places  of  residence  of  the  parties  married,  and  that  they  were  known 
to  such  minister  or  magistrate,  or  were  satisfactorily  proved,  by  th« 
oath  of  a  person  known  to  him,  to  be  the  persons  described  in  such 
certificate,  and  that  he  had  ascerUuned  they  were  of  sufficient  age 
to  contract  marriage ;  the  name  and  place  of  residence  of  the  attest- 
ing witness  or  witnesses ;  the  time  and  place  of  such  marriage ;  and 
that  after  due  inquiry  made,  there  appeared  no  lawful  impedunent 
to  such  marriage.^ 

V.  Every  such  certificate,  signed  by  a  magistrate,  if  presented  t» 
the  Clerk  of  the  city  or  town  where  the  marriage  was  solemnized,  or 
to  the  Clerk  of  the  city  or  town  where  «ilher  of  the  parties  reside, 
within  six  months  after  such  marria^"'«<,  must  be  filed  by  such  Clerl^ 


>  2  Kent's  Commentaries,  (2d  ed.)  90,91; 
Laws  of  1841,  chap.  ^7. 


*  2  R.  S.  (3(1  ed.)  139,  200,  S§  7-9:  Uwg  o« 
1847,  chap.  152. 
»  2  R.  S.  (3d  ed.)  200,  §12. 


320  NBW  clerk's  assistant. 

and  entered  in  a  book  to  be  provided  by  him,  in  the  alphabetical  or- 
der of  the  names  of  both  the  parties,  and  in  the  order  of  time  in 
which  such  certificate  may  be  filed.  A  certificate  signed  by  a  min- 
ister may  also  be  tiled  and  recorded,  in  like  manner,  if  tliere  be  en- 
dorsed thereon,  or  annexed  thereto,  a  certificate  of  any  magistrate 
residing  in  the  same  county  with  such  Clerk,  setting  forth  that  the 
minister  by  whom  such  certificate  is  signed,  is  personally  known  to 
such  magistrate,  or  has  acknowledged  the  execution  of  the  certificate 
in  his  presence ;  or  that  the  execution  thereof  was  proved  to  such 
magistrate,  by  the  oath  of  a  person  known  to  him,  and  who  saw  the 
certificate  executed.  The  entry  of  every  such  certificate,  made  by 
the  Clerk,  must  specify  the  names  and  places  of  residence  of  the 
persons  married ;  the  time  and  place  of  marriage ;  the  name  and  ofli- 
cial  station  of  the  person  signing  the  certificate;  and  the  time  of 
filing  of  the  same.' 

8.  Every  such  original  certificate,  the  original  entry  thereof,  made 
as  above  directed,  and  a  copy  of  such  certificate,  or  of  such  entry, 
duly  certified,  will  be  received  in  all  courts  and  places,  as  presump- 
tive evidence  of  the  fact  of  the  marriage.* 

9.  It  is  the  duty  of  Clerks  of  school  districts,  or,  in  case  of  their 
incapacity  or  a  vacancy  in  the  office,  of  the  Trustees,  or  one  of  them, 
to  ascertain,  as  far  as  practicable,  and  report  in  writing  to  the  Town 
Clerk,  of  their  town,  or  Alderman  of  their  ward,  on  or  before  the 
fifteenth  day  of  January  in  each  year,  the  number  of  marriages 
which  have  occurred  in  their  respective  districts  during  the  yeai 
preceding  the  first  day  of  January;  the  month  and  day  of  their  oc- 
currence ;  the  names,  ages,  and  residences  of  the  parties ;  and  the; 
names  and  residences  of  the  oflScers  and  clergymen  by  whom  the 
same  were  solemnized.  The  Town  Clerks  and  Aldermen  are  re- 
quired, within  fifteen  days  after  receiving  such  reports,  to  record  the 
same  in  a  book,  and  transmit  a  copy  thereof,  oi  an  abstract,  as  the 
Secretary  of  State  may  prescribe,  to  the  County  Clerks  or  City  In- 
spectors of  their  respective  counties  or  cities.  In  the  city  of  New 
York,  the  reports  are  to  be  made  direct  to  the  City  Inspector,  instead 
of  through  the  Aldermen.  County  Clerks  and  City  Inspectors  are 
to  forward  an  abstract  of  the  reports,  within  fifteen  days  after  receiv- 
ing the  same,  to  the  Secretary  of  State,  who  is  required  to  make  a 
complete  abstract,  and  transmit  it  to  the  Legislature,  as  soon  as 
practicable.' 

1 0.  The  recording  of  marriage  certificates  is  discretionary  with  the 
parties;  the  registiy,  however,  is  obligatory  upon  all  persons  per- 
forming the  ceremony. 


I2R.  S.(3ded.)200,20l,  tn3-15.  |     •  Lawi  of  1847,  cbAp.  IM. 

>  2  R.  S.  (3d  ed.)2Ul,  S  1^.  | 


irogBAND  AKD  WIFE.  321 

11.  Marriage  is  not  only  a  bona  fide  and  valuable  consideration, 
but  the  very  liigliest  known  in  law;  and  mamage  settlements  and 
agreements,  entered  into  before  marriage,  are  greatly  favored,  and 
■mil  be  enforced  even  as  against  creditors.* 

12.  By  the  statute  law  of  New  York,  all  contracts  made  between 
persons  in  contemplation  of  marriage,  remain  in  full  force  after  the 
marriage  takes  place." 

13.  A  settlement  after  marriage,  in  pursuance  of  a  prior  written 
agreement,  is  good  against  creditors ;  otherwise,  if  made  in  pursuance 
of  a  parol  agreement.' 

14.  A  wife  may  contract  with  her  husband  after  marriage,  for  a 
transfer  of  property  from  him  to  her,  or  to  trustees  for  her,  provided 
it  be  for  a  bona  fide  or  valuable  consideration.  A  voluntary  separa- 
tion by  husband  and  wife,  and  an  agreement  by  deed,  executed  by 
them  and  a  trustee,  for  the  payment  of  an  allowance  for  her  separate 
maintenance,  and  containing  a  covenant  of  indemnity  against  debts 
contracted  by  her,  is  valid ;  although  it  is  well  settled  by  the  decisions 
of  our  own,  and  of  the  English  courts,  that  the  rights  of  the  husband 
cannot  be  destroyed,  nor  the  disabilities  of  the  wife  removed,  bv  such 
agreement.* 

15.  A  wife  may  make  a  conveyance  to  her  husband,  throuoh  a 
tlurd  person.* 

16.  Where  a  wife  leaves  her  husband  without  just  cause,  he  is  not 
answerable  for  her  support ;  but  if  .she  offer  to  return,  and  he  refuse 
to  receive  her,  his  liability  is  revived.* 

17.  The  real  and  personal  property  of  a  mairied  woman,  in  the 
State  of  New  York,  and  the  rents,  issues,  and  profits  thereof,  are  not 
subject  to  the  disposal  of  her  husband,  but  are  her  sole  and  separate 
propert}', — e.vcept  the  same  be  liable  for  debts  contracted  by  her 
husband  piior  to  the  seventh  day  of  April,  1848,  where  the  marriage 
was  solemnized  previous  to  that  day.' 

18.  A  married  woman,  in  the  State  of  New  York,  may  receive 
real  or  pei-sonal  property,  by  gift,  grant,  devise,  or  bequest,  from  any 
person  otlier  than  her  iiusband,  and  hold  the  same,  and  the  rents, 
issues,  and  prohts  thereof,  to  her  sole  and  separate  use,  and  convey 
and  devise  the  same,  in  the  same  manner,  and  with  the  like  effect, 
its  if  she  were  unmarried ;  the  same  being  neither  subject  to  the  dis- 
posal of  her  husband,  nor  liable  for  his  debts.® 


'  Laws  of  184S,  chap.  200  ;  2  Rents'  Com- 
mentttries,  (2J.  eJ.)  162,  et  seq.  ;  1  Johnson's 
Ch.  Rep.,  103. 4oO ;  3  Id.,  77,  550 :  7  W.,  229  ; 
17  Johnson,  .548 ;  6  Paige,  111,  D13. 

»  Laws  of  1849,  chap.  375. 

»  3  Johnson's  Ch.  Rep.,  481 ;  3  Paige,  240, 
440. 

♦  2  Kent's  Cnnimeniaries.  (2d.  ed.)  16C.  et 
leq.,  2  Johnson's  Ch.  Rep.,  537  ;  8  Paige,  67  ; 

21 


2  Wendell,  422 ;  25  Id,  64  ;  211111,260;  3Id^ 
399,  anil  authorities  there  cited. 
6  2  Barbour's  Ch.  Rep.,  232. 

•  4  Denio,  46. 

1  Laws  of  1343,  chap.  200;  Laws  of  1849, 
chap.  375. 

•  Laws  of  1843,  chap.  200 ;  Laws  of  18491 
chap  375, 


322  KEW  clerk's  assistant. 

1 9.  Where  deposits  are  made  by  a  married  woman,  or  by  a  single 
female,  afterwards  becoming  a  married  woman,  in  her  own  name,  in 
any  sa^angs'  bank  or  institution,  in  the  State  of  New  York,  the  same 
may  be  paid  to  her,  and  her  receipt  or  acquittance,  will  be  a  sufficient 
legal  discharge  to  the  corporation.' 


FORMS. 

§  576.  Short  Form  of  Marriage,  for  Magistrates. 

The  officer  performing  the  ceremony  will  direct  the  parties  to  join 
hands,  and  then  say :  "  By  this  act  of  joining  hands,  you  do  take  upon 
yourselves  the  relation  of  husband  and  wife,  and  solemnly  promise 
and  engage,  in  the  presence  of  these  witnesses,  to  love  and  honor, 
comfort  and  cherish  each  other,  as  such,  so  long  as  you  both  shall 
live :  Therefore,  in  accordance  with  the  laws  of  the  State  of  New 
York,  I  do  hereby  pronounce  you  husband  and  wife." 


§  577.  Marriage  Certificate. 

County,  [gg. 
Yown  of  \ 

I  do  hereby  certify,  that  on  the  day  of  instant, 

i  or,  last  past,]  at  the  house  of  R  F.  \or,  church,]  in  .wid 

town  of  ,  A.  B.,  of,  ifec,  and  E.  D.,  of,  <fec.,  were,  wiih 

their  mutual  consent,  lawfully  joined  together  in  holy  matrimonv, 
which  was  solemnized  by  me,  in  the  presence  of  JSI.  P.,  ot^  &c.,  and 
R.  F.,  of,  &c.,  attesting  witnesses :  And  I  do  further  certify,  that  the 
said  A.  B.  and  E.  D.  are  known  to  me,  \or,  were  satisfactonly  proved, 
by  the  oath  of  R.  F.,  known  to  me,]  to  be  the  persons  described  in 
this  certificate;  that  I  ascertained,  previous  to  the  solemnization  of 
the  said  marriage,  that  the  said  parties  were  of  sufficient  age  to 
contract  the  same ;  and  that,  after  due  inquiry  by  me  made,  there 
appeared  no  lawful  impediment  to  such  marriage. 

Given  under  my  hand,  this  day  of  ,  18     . 

G.  H.,  Rector  of,  <fec.,  \or.  Justice,  &c.] 


)  Laws  of  ItfiU,  cnap.  91. 


HUSBAND  AND  WI7K.  9211 

§  578.  Magistrate's  Certificate. 

County,  )  ^ 
Town  of  ,) 

I  do  hereby  certify,  that  G.  H.,  Rector  of,  &c.,  by  whom  the  fore- 
going [or,  annexed;  or,  -within,]  ceilificate  is  signed,  is  personally 
known  to  me,  and  has  acknowledged  the  execution  of  said  certificate 
in  my  presence,  this  day  of  ,  18      :  [or,  that  on 

the  day  of  ,  18     ,  personally  came  before  me,  M. 

P.,  to  me  known,  who  being  by  me  duly  sworn,  did  depose  and  say, 
that  he  was  well  acquainted  with  G.  H.,  Rector  of,  (kc,  and  knew  him 
to  be  the  same  person  who  executed  the  foregoing  [or,  annexed ;  or, 
witliin]  certificate ;  and  that  he  was  present  and  saw  the  said  G.  H^ 
execute  the  same.] 

S.  T.,  Justice,  &c. 


§  579.    Oath  to  Witness  Proving  Identity  of  Parties.      / 

You  do  solemnly  swear,  that  you  will  true  answers  make  to  all 
such  questions  as  shall  be  put  to  you,  touching  the  identity  of  A.  B. 
and  E.  D.,  here  present 


§  580.   Oath  to  Witness  Proving  Certificate. 

You  do  solemnly  swear,  that  you  will  true  answers  make  to  all 
such  questions  as  shall  be  put  to  you,  touching  the  execution  of  thi« 
certificate. 


§  581.  Marriage  Articles. 

This  indenture  of  three  parts,  made,  &c.,  between  A.  B.,  of,  etc., 
of  the  first  part,  E.  D.,  of,  &c.,  daughter  of,  &c.,  of  the  second  part, 
and  C.  D.,  of,  &c.,  and  E.  F.,  of,  &c.,  of  the  third  part,  witnesseth: 
That  whereas,  the  said  E.  D.  is  seized  in  fee,  of  and  in,  certain  lands 
and  tenements,  wuth  their  appurtenances,  situate,  l3ino-  and  beino-, 
[give  the  town,  countg,  or  state  ;^  Andwhereas,  a  marriage  is  shortly 
intended  to  be  solemnized  between  the  said  A  B.  and  E.  D.,  with 
whom  the  said  A.  B.  is  to  have  and  receive  dollars  in  money, 

over  and  besides  the  lands,  &c.,  above  mentioned,  as  and  for  her 
marriage  portion :  Now,  therefore,  it  is  covenanted  and  agreed,  by 
and  between  the  said  parties  to  these  presents,  as  follows :  ^First,  thn 
said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators,  doth 
covenant  and  agree,  to  and  with  the  said  C.  D.  and  E.  F.,  their  heirs 
and  assigns,  that  they,  the  said  A.  B.,  and  E.  D.,  his  intended  wife. 


S24  KEW  clerk's  assistant. 

in  case  the  said  intended  marriage  shall  be  solemnized,  by  some  good 
and  sufficient  conveyance,  or  conveyances,  will  settle  and  assure  the 
aforesaid  lands  and  tenements,  with  the  appurtenances,  whereof  slie, 
the  said  E.  D.,  is  seized  as  aforesaid,  on  and  to  the  S|id  C.  D.  and 
E.  F.,  to  the  use  and  behoof  of  the  said  A.  B.,  during  the  tenu  of 
his  natural  life.;  and  from  and  after  the  decease  of  the  said  A.  B., 
then  to  the  use  and  behoof  of  the  said  E.  D.,  his  intended  wu'"e,  for 
and  during  the  term  of  her  natural  life ;  and  from  and  after  her  de- 
cease, then  to  the  use  and  behoof  of  the  heirs  of  the  body  of  the  said 
E.  D.,  by  the  stiid  A.  B.  lawfull}^  to  be  begotten ;  and  on  the  default 
of  such  issue,  then  to  the  use  and  behoof  of  the  said  E.  D.,  her  heirs 
and  assigns  forever,  and  to  and  for  no  other  use,  intent  or  purpose, 
whatsoever. 

And,  secoadlij,  for  as  much  as  the  said  A.  B.  is  not  at  present 
seized,  or  possessed,  of  any  estate  sufficient  to  make  a  jointui-e  for 
the  Sciid  E.  D.,  equivalent  to  lier  fortune,  the  stiid  A.  B.,  doth  for 
himself,  his  heirs,  executors  and  administrators,  covenant,  grant  and 
agree,  to  and  with  the  said  C.  D.  and  E.  F.,  then-  heirs  and  assigns, 
that  in  case  the  said  intended  marriage  shall  take  effect,  he,  the  said 
A.  B.,  shall  and  will,  by  liis  last  will  and  testament,  in  writing  ir 
otherwise,  give  and  assure  unto  the  sjjid  E.  D.  the  sum  of 
dollars,  of  lawful  money  of  the  United  States,  to  be  by  her  received 
and  taken,  to  her  own  proper  use  and  benefit,  in  case  she  shall  sur- 
vive the  said  A.  B. 

In  witness  whereof,  the  said  pai'ties  have  hereunto  set  their  hands 
and  seals,  the  day  and  year  above  written. 

Sealed,  signed  and  delivered,  )  A.  B.,  [l.  a] 

in  presence  of  )  E.  D.,  [l.  s.] 

G.  H.  &c.,  (fee, 


§  582.  Settlement  of  an  JEstate,  in  Contemplation  of  Marriage. 

This  indenture  of  three  parts,  made,  <fec.,  between  E.  D.,  of,  &c., 
of  the  first  part,  C.  D.,  of,  &c.,  of  the  second  part,  and  A.  B.,  of,  etc., 
of  the  third  part,  witnesseth :  That  wdiereas,  a  marriage  is  intended 
to  be  solemnized  between  the  said  parties  of  the  first  and  third  parts, 
and  the  said  E.  D.  is  possessed  of  certain  personal  estate,  to  wit: 
the  sum  of  dollars,  which  is  now  deposited  in  the 

bank,  in  the  city  of  ,  and  shares  of  the  capital 

stock  of  the  insurance  company  in  :  Now,  there- 

fore, in  consideration  of  the  premises,  and  of  one  dollar  paid  by  the 
said  C.  D.  to  the  said  E.  D.,  the  receipt  whereof  is  hereby  acknow- 
ledged, the  said  E.  D.  doth  hereby  assig-n,  transfer  and  set  over,  tc 
ithe  said  C.  D.,  and  his  executors  and  administrators,  all  the  moneys. 


HUSBAND  AND    WIFE.  325 

property  and  effects  above  mfiitioned,  to  hold  the  same  to  him  the 
Siiid  C.  D.,  and  his  executors  and  administrators,  upon  the  special 
trusts  and  for  the  uses  and  purposes  following,  to  wit : 

First,  Th^  until  the  solemnization  of  the  said  mamage,  the  said 
C.  D.  shall  pay  over  to  the  said  E.  D.,  or  shall  empower  her  to  receive 
for  her  own  use,  all  the  income,  profits  and  dividends,  arising  from 
the  said  monies  and  effects,  and  from  any  other  estate  which  may  be 
substituted  therefor,  as  is  hereinafter  provided. 

Second,  That  from  and  after  the  solemnization  of  the  said  mariinge, 
and  during  the  coverture  of  the  said  E.,  the  said  C.  D.  shall  receive 
and  collect  the  income,  profits  and  dividends,  of  the  said  trust  mo- 
neys and  effects,  or  of  any  other  substituted  estate,  so  often  and 
whenever  the  same  shall  be  payable ;  and,  after  deducting  all  indi- 
vidual expenses,  shall  pay  over  the  same,  or  so  much  thereof  as  she 
sliall  not  direct  to  be  added  to  the  principal  for  the  purpose  of  accu- 
mulation, to  the  said  E.,  upon  her  sole  and  separate  receipt  there  for, 
and  free  from  the  control  or  interference  of  her  said  husband,  or 
any  other  person  whomsoever. 

Third,  That  in  case  of  the  decease  of  the  said  E.,  after  the  solem- 
nizadon  of  the  said  marriage,  and  during  the  life  of  her  said  husband, 
the  said  money  and  effects  shall  be  transferred  and  paid  over  by  the 
said  trustee,  to  such  person  or  persons,  as  she,  the  said  E.,  by  an  in- 
strument or  note  in  Avriting,  subscribed  by  her  in  the  presence  of  at 
lea.st  two  competent  witnesses,  shall  order  and  appoint  to  receive  the 
same;  and  in  .default  of  her  making  such  appointment,  the  same 
BJiall  be  transferred  and  paid  to  the  said  A.  B. ;  and  in  case  of  his 
decease  before  the  said  property  shall  be  actually  transferred  and  paid 
over  to  him,  then  to  such  person  or  persons  as  would  be  the  legal 
representatives  of  the  said  E.,  by  the  statute  for  the  distribution  of 
intestate  estates. 

Fourth,  That  in  the  event  of  the  decease  of  the  said  A.  B.,  during 
the  lifetime  of  the  said  E.,  all  tlie  property  then  held  in  tru.st  under 
this  indenture,  shall  be  transferred  and  conveyed  back  to  the  said  E. ; 
Jind  until  so  transferred  the  trustee  shall  pay  over  to  her,  or  emjjower 
her  to  receive,  tlie  income,  proHt-s  and  dividends  of  the  same,  for  her 
own  use. 

Fifth,  That  the  said  trustee  shall  have  power,  with  the  approba- 
tion, or  at  the  request  of  the  said  E.,  expressed  in  writing,  to  sell  and 
dispose  of  the  said  trust  estate,  or  any  part  of  it,  and  the  proceeds 
to  invest  in  other  personal  or  real  estate,  accordhig  to  the  written  di- 
rection of  the  said  E. ;  and  the  estate  so  purchased  shall  be  had  and 
held  by  the  trustees,  upon  the  same  trusts,  and  for  the  same  uses 
and  purposes  as  aforesaid. 

Sirth,  That  in  ca.se  of  the  decease  of  the  party  of  the  second  part, 
or  of  his  resignation  of  said  trust,  lie,  or  his  executors  or  administra- 
tors, shiUl  conyev,  transfer  and  pay  over,  the  whole  of  thi.  trust  estata 


826  NEW  clerk's  assistant. 

then  lield  by  him,  to  such  person,  or  persons,  as  may  be  appointed 
in  writing  by  the  party  of  the  first  part,  to  be  the  trustee,  or  trus- 
tees, under  this  indenture ;  and  such  new  trustee,  or  trustees,  shall 
have  all  the  powers,  and  shall  hold  the  trust  estate  subject  to  all  the 
provisions,  herein  set  forth  and  expressed;  and  the  receipt  of  such 
new  trustee,  or  trustees,  for  the  trust  property,  shall  be  a  complete 
acquittance  and  discharge  to  the  said  party  of  the  second  part,  his 
executors  and  administrators;  and,  in  hke  manner,  other  new  trus- 
tees may  be  appointed  from  time  to  time,  as  occasion  may  require. 

And  the  said  party  of  the  second  part  doth  hereby  signify  his 
acceptance  of  the  said  moneys  and  effects,  and  doth  eng-age  to  hold 
and  manage  the  same,  upon  the  trusts,  and  for  the  uses  herein  men- 
tioned. 

And  the  said  party  of  the  third  part  doth  hereby  signify  his  assent 
to  the  pro\isions  of  this  indenture,  and  doth  covenant  to  and  with  the 
said  party  of  the  second  part,  and  his  successors  in  the  said  trust,  to 
permit  the  said  party  of  the  first  part,  after  the  solemnization  of  the 
said  intended  marriage,  to  receive  the  aforesaid  income,  profits  and 
dividends,  to  her  sole  and  separate  use,  and  freely  to  dispose  of  the 
trust  estate,  by  her  will,  or  by  her  testamentary  appointment,  and  not 
to  interfere  with  the  said  trust  estate,  otherwise  than  in  conformity  to 
the  provisions  of  this  indenture. 

In  witness,  &c.,  \_as  in  §  581.] 


§  583.  Agreement  for  Settlement  before  Marriage} 

This  agreement,  made  and  entered  into  this  day  of,  <fec., 

between  A.  B.,  of,  &c.,  of  the  first  part,  and  E.  D.,  of,  &c.,  of  the 
second  part,  [add  the  third  party,  if  necessary,']  witnesseth:  That 
whereas  a  marriage  is  about  to  be  had  and  solemnized  between  the 
said  parties ;  and  the  said  party  of  the  first  part  is  desireus  of  mak- 
ing pronsion  for  a  fit  and  proper  settlement,  to  and  for  the  use  and 
benefit  of  the  said  E.  D.,  his  intended  wife :  Now,  therefore,  the  said 
party  of  the  first  part  doth  hereby  agree,  that  if  the  said  marriage 
shall  be  had  and  solemnized  as  aforesaid,  he  shall  or  will,  on  or  before 
the  day  of  next,  assign,  transfer,  and  set  over,  unto 

C.  D.,  of,  &c.,  by  good  and  sufl5cient  transfers,  assignments  and  con- 
veyances, shares  of  the  capital  stock  cA  the  railroad 
company,  now  OAvned  by  and  belonging  to  the  said  party  of  the 
first  part ;  and  also  the  sum  of                     dollars  in  money ;  to  have 


1  Special  conditions  and  provisions  may  oe  inserted  in  the  ante-nnptia!  agreement,  fKtcnd- 
tag  the  benefit  of  the  truet  to  the  children  of  i^  parties.    S>*,e  §  532. 


HtrSBAND    MSB    WIFE.  32> 

and  to  hold  the  same  unto  the  said  C.  D.,  to  and  for  the  sole  and 
separate  use  and  benefit  of  the  said  E.,  during  the  term  of  her  natu- 
ral life.  And  it  is  further  agreed  between  the  said  parties,  that  in 
case  the  said  C.  D.  shall  refuse  to  accept  the  said  trust,  then  the  said 
shares  of  stock  and  money  as  aforesaid,  shall  be  transferred,  assigned 
and  set  over,  unto  such  person  as  shall  be  nominated  in  writing  by 
the  said  party  of  the  second  part,  as  such  trustee,  in  the  place  and 
stead  of  the  said  C.  D.,  to  be  held  by  him  to  and  for  the  use  and 
benefit  of  the  said  E.,  as  aforesjiid;  and  that  the  articles  of  settle- 
ment to  be  executed  in  pursuance  hereof,  shall  conttiin  a  provision 
for  the  appointment  of  a  trustee  to  fill  any  vacancy  which  may  trans- 
{)ire,  except  as  above  provided,  by  the  nomination  in  writing  of  the 
said  party  of  the  second  part 
In  witness,  &c.,  [as  in  §  581.] 


§  584.  Jointure  in  Lieu  of  Dower. 

This  indenture,  made  and  entered  into  tliis  day  of,  &c., 

between  A.  B.,  of,  (fee.,  of  the  first  part,  E.  D.,  of,  (fee,  of  the  second 
part,  and  C.  D.,  of,  (fee,  of  the  third  part,  Avitnesseth :  That  the  said  A. 
B.,  in  consideration  of  a  marriage  about  to  be  had  and  solemnized 
between  him,  the  said  A.  B.,  and  the  said  E.  D.,  do!rs,  for  himself, 
liis  heirs  and  assigns,  covenant,  grant  and  jigree,  to  and  with  the  said 
C.  D.,  his  heirs  and  assigns,  that  he,  the  said  A.  B.,  his  heirs  and  as- 
signs, shall  and  will,  forever  hereafter,  stand  seized  of  and  in  a  cer- 
tain tract  or  parcel  of  land,  ^vith  the  appurtenances,  situate  in  the 
town  of  in  the  county  of  ,  and  State  of  New  York, 

aforesaid,  and  bounded  and  described  as  follows,  [c/escription:^  to 
the  uses  following,  that  is  to  say :  to  the  use  of  the  said  A.  B.,  for 
and  during  the  term  of  his  natural  hfe,  without  impeachment  of 
waste,  and  after  his  marriage  with  the  said  E.  D.,  and  after  liis  de- 
ccctse,  to  her  use,  so  long  a.s  she  shall  remain  his  widow  and  unmar- 
ried, [or,  during  her  natural  life,]  without  impeachment  of  waste,  for 
her  jointure,  and  in  lieu  and  satisfaction  of  her  whole  dower  in  his 
est;Ue ;  and  after  liis  decease,  and  the  expiration  of  her  estate,  to  the 
use  of  hi.s  heirs  and  assigns  forever.  And  the  said  E.  D.,  in  consid- 
eration of  the  premises,  and  in  consideration  of  the  sum  of  ene  dol- 
lar, paid  to  her  by  the  said  A.  B.,  does,  for  herself,  her  heirs, 
executors,  and  administrators,  covenant  anfl  agree  with  the  said  A, 
B.,  that  the  lands  so  assigned  to  her  shall  be  in  full  siitisfaction  of 
her  (lower  in  liis  estate,  and  shall  bar  her  from  claiming  the  same,  if 
she  shall  survive,  after  said  marriage ;  and  furtlier.  if  the  said  mar- 
riage shall  be  had,  and  she  shall  survive  him,  that  she  will  not  claim 
any  share  in  his  personal  estate,  unless  some  part  thereof  be  given  U> 


S28  NEW  clerk's  assistant. 

hier  by  his  will,  or  some  act  done  by  him  subsequent  to  the  execo* 
tion  of  tliese  presents. 

In  witness,  <fec.,  [as  in  §  581.] 


§  585.  Articles  of  Separation. 

This  indenture  of  three  parts,  made,  &c.,  between  A.  B.,  of,  <fec., 
of  the  first  part,  and  E.  B.,  his  wife,  of  the  second  part,  and  C.  D., 
of,  &c.,  of  the  third  part,  witnesseth:  Whereas,  divers  unhappy  dis- 
putes and  differences  liave  arisen,  between  the  said  party  of  the  first 
part,  and  his  said  wife,  for  whicli  reason  they  have  consented  and 
agreed  to  live  separate  and  apart  from  each  otlier  during  their  natu- 
ral fife:  Now,  therefore,  the  said  party  of  the  first  part,  in  conside- 
ration of  the  premises,  and  in  pursuance  thereof,  doth  hereby 
covenant,  promise  and  agree,  to  and  with  the  said  C.  D.,  and  also  to 
and  with  his  said  wife,  that  he  shall  and  will  allow  and  permit  his 
said  wife,  E.  B.,  tfj  reside  and  be  in  such  place  and  places,  and  in 
such  family  and  famifies,  as  she  may  from  time  to  time  choose,  or 
think  fit  to  do;  and  that  he  shall  not,  nor  will,  at  any  time  sue,  mo- 
lest, distui-b,  or  trouble  any  person  whomsoever,  for  receiving,  enter- 
taining oi  harboring  her;  and  that  he  will  not  ckiim,  or  demand,  any 
of  her  money,  jewels,  plate,  clothing,  household  goods,  or  furniture, 
Avhich  the  said  E.  B.  now  hath  in  her  power,  custody,  or  possession, 
or  which  she  shall  or  may  at  any  time  hereafter  have,  or  which  shall 
be  devised  or  given  to  her,  or  that  she  may  otherwise  acquire ;  and 
further,  wnat  the  said  party  of  the  first  part  shall  and  will  well  and 
truly  pa\,  or  cause  to  be  paid,  unto  the  said  C.  D.,  for  and  towards 
the  support  and  maintenance  of  his  wife,  the  said  E.  B.,  the  yearly 
sum  of  dollars,  free  and  clear  of  all  charges  and  deductions 

whatsoe>er,  for  and  during  her  natural  Hfe,  payable  quarterly,  at  or 
upon  the  first  day  of  January,  April,  July,  and  October,  in  each  and 
every  year  during  her  said  natural  Ufe ;  which  the  said  C.  D.  doth 
agree  to  take,  m  full  satisfaction  for  her  support  and  maintenance, 
and  all  afimony  whatever.  And  the  said  C.  D.,  in  consideration  of 
the  sum  of  one  dollar,  to  him  duly  paid  by  the  said  A.  B.,  doth  cov- 
enant and  agree,  to  and  with  the  said  party  of  the  first  part,  to 
indemnify  and  bear  him  harmless,  of  and  from  all  debts  of  his  said 
wife,  E.  B.,  now  contracted,  or  that  may  hereafter  be  contracted  by 
her,  or  on  her  account;  and  if  the  said  party  of  the  first  part  shid) 
be  compelled  to  pay  any  such  debt  or  debts,  the  said  C.  D.  hereby 
agrees  to  repay  the  same,  on  demand,  to  the  said  party  of  the  firs* 
part,  with  all  damage  and  loss  that  he  may  sustain  thereby. 

In  witness,  &c.,  [as  in  §  581.] 


CHAPTER  XXIV 

HOMESTEAD  EXEMPTION  LAW. 

PRACTICAL    REMARKS. 

1.  In  the  State  of  New  York,  the  lot  and  buildings  thereon,  occu- 
pied as  a  residence  and  owned  by  a  debtor,  being  a  householder  and 
having  a  family,  to  the  value  of  one  thousand  dollars,  will  be  exempt 
from  sale  on  execution  after  the  first  day  of  January,  1851,  for 
debts  contracted  subsequent  to  the  tenth  day  of  AprU,  1850.  This 
exemption  is  to  continue  after  the  death  of  the  householder,  for  the 
benefit  of  the  widow  and  family, — some,  or  one  of  them  continuing 
to  occupy  such  homestead, — mitil  the  youngest  becomes  of  age,  and 
until  the  death  of  the  widow.  No  release  or  waiver  of  such  ex- 
emption will  be  valid,  unless  the  same  be  in  writing,  subscribed  by 
the  householder,  and  acknowledged  in  the  same  manner  as  convey- 
ances of  real  estate  are  required  to  be  acknowledged. 

2.  To  entitle  any  property  to  this  exemption,  the  conveyance 
thereof  must  show  that  it  is  designed  to  be  held  as  a  homestead,  or 
if  already  purchased,  or  if  the  conveyance  does  not  show  the  design 
a  notice  that  the  same  is  designed  to  be  so  held,  and  containing  a 
full  description  thereof,  must  be  executed  and  acknowledged  by  the 
person  owning  the  property,  and  recorded  in  the  office  of  the  clerk 
of  the  county  in  which  the  same  is  situate. 

3.  This  exemption  will  not  extend  to  sales  for  the  non-payment  of 
taxes  or  assessments,  or  for  a  debt  contracted  for  the  purchase  money, 
or  prior  to  tiie  recording  of  the  deed  or  notice. 

4.  Where  the  premises  claimed  to  be  exempt  as  aforesaid,  are 
worth  more  than  one  thousand  dollars,  in  the  opinion  of  a  Sheriff 
holding  an  execution  against  the  houseliolder,  it  will  be  the  duty  of 
the  former  to  summon  six  qualified  jurors  of  liis  county,  who  shall 
upon  oath,  to  be  administered  by  him,  appraise  tJie  said  premises.  If 
the  jury  are  of  opinion  that  the  property  may  be  divided  without  in- 
jury to  the  inter^^sts  of   the  parties,  they  must  set  off  so  muck 


330  NEW  clerk's  assistant. 

thereof,  including  the  dwelling  house,  as,  in  their  opinion,  will  be 
worth  one  thousand  dollars,  and  the  residue  may  be  sold  by  the  SheiiflF 
in  the  same  manner  as  other  real  property  not  so  exempt  If  the 
jury  are  of  opinion  that  the  property  cannot  be  divided  as  afore- 
said, and  that  the  same  is  worth  more  than  one  thousand  dollars, 
they  must  make  and  sign  an  appraisal  of  the  value  thereof,  and  de- 
liver the  same  to  the  feheriff,  who  will  deliver  a  copy  thereof  to  th© 
execution  debtor,  or  to  some  of  his  family  of  suitable  age  to  under- 
stand the  nature  thereof,  with  a  notice  thereto  attached,  as  in  the 
form  hereinafter  given.^ 


FORMS. 


§  586.   Clause   to  he  Inserted  in  a  Deed  of  the  Property  designed 
to  he  Exempt. 

The  premises  abore  described  and  hereby  conveyed,  are  designed 
t<j  be  held  as  a  homestead,  exempt  from  sale  on  execution,  according 
to  the  provisions  of  the  act  entitled  "  An  Act  to  Exempt  from  Sale  on 
Execution,  the  Homestead  of  a  Householder  having  a  Family." — 
Dassed  April  10,  1850. 


§  587.  Notice  to  the  County  Clerk  of  design  to  hold  a  ffomesttud 
Exempt,  and  Acknowledgment. 

To  E.  B.  C,  Esquire, 

County  Clerk  of  County : 

Sir:  You  will  please  take  notice,  that  I  design  to  hold  as  a  home- 
stead exempt  from  sale  on  execution,  accorduig  to  the  provisions  of  the 
act  entitled  "An  Act  to  Exempt  from  Sale  on  Execution  the  Home- 
stead of  a  Householder  ha\ing  a  Family." — passed  AprU  10, 1850, — 


>  Laws  of  1850,  chap.  260. 


HOMESTEAD    EXEMPTION   LAW.  881 

the  following  described  property  and  premises,  to  wit:   [Describe  the 
premises  in  full,  in  the  same  manner  as  in  a  deed^ 
Dated  the  day  of  ,18 

Yours,  &c. 

A.B. 


County,  ss:^ 
On  this  day  of  ,  in  the  year  one  thousand  eight 

hundred  and  fifty-one,  before  me  personally  came  A.  B.,  to  me  known 
to  be  the  individual  who  executed  the  above  notice,  and  acknowledged 
that  he  executed  the  same  for  the  purpose  therein  mentioned. 

W.  W.,  Justice  ot  the  Peace  in 
and  for  said  county  of 


§  688.  Release  or  Waiver  of  the  Exemption. 

In  ooHsideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by 
C.  D.,  of  the  town  of  ,  m  the  county  of  ,  and  state 

of  New  York,  the  receipt  whereof  is  hereby  acknowledged,  I  do 
hereby  release  and  waive  any  and  all  benefit  of  the  act  entitled  "An 
Act  to  Exempt  from  Sale  on  Execution  the  Homestead  of  a  House- 
holder having  a  FamDy," — passed  April  10,  1850  —  so  that  any 
property  held  by  me  as  exempt  under  or  by  virtue  thereof  may  be 
levied  upon  and  sold  on  any  execution  issued  against  me  for  any 
demand  owing  to  the  aforesaid  C.  D. 

Witness  my  hand,  this  day  of  ,  18       . 

A.R 

[Add  Certificate  of  Acknowledgm^it,  (w  m  §  587.] 


§  589.   Oath  to  Jurors. 

You,  and  each  of  you,  do  solemnly  swear,  that  you  wUl  well  and 
truly  perform  the  duties  of  a  juror,  in  regard  to  the  mattej's  submitted 
to  your  coiisideration,  according  to  the  act  entitled  "  An  Act  to  Ex- 
empt fi-jiii  Sale  on  Execution  the  Homestead  of  a  Householder  having 
a  Famiiy,'" — passed  April  10,  1850. 


I  For  other  forms  of  ackmowledgment,  see  Chapter  L 


332  NEW  ci.erk'8  assistant. 

§  590.    Certificate  of  Jv/rors  setting  off  a  Fortiop^  of  the  Premises. 

Supreme  Coui-t, 
A.  B.      ) 

against    >  Coxmty,  County,  ss: 
C.  D.      ) 

We,  the  undersigned  jurors,  summoned  by  the  sheriflf  of  said  county, 
who  holds  an  execution  against  C.  D.,  the  defendant  in  the  above  en- 
t*itled  cause,  in  pursuance  of  the  act  entitled  "An  Act  to  Exempt  from 
Sale  on  Execution  the  Homestead  of  a  Householder  having  a  Family," 
—  passed  April  10,  1850, —  do  hereby  ceiiify,  that  we  have  exam- 
ined the  following  described  premises  situate  in  the  town  of  , 
in  said  county,  to  wit:  \insert  here  a  description  of  the  premises :'\ 
which  said  premises  are  owned  by  C.  D.  aforesaid,  and  are  claimed 
by  him  to  be  exempt  from  sale  on  execution  according  to  the  act 
aforesaid,  and  that  in  our  opinion  the  siiid  premises*  are  worth 
thousand  dollars,  and  may  be  di\ided  without  injury  to  the 
interests  of  the  parties  concerned  therein :  And  we  do  hereby  set 
off  to  the  said  A.  B.,  the  following  described  poi-tion  of  the  said 
premises,  to  wit :  [describe  the  same  ;]  which  last  mentioned  piece  or 
parcel  of  land,  including  the  dwelling  house  thereon,  and  the  appur 
tenances  belonging  tliereto,  is,  in  om-  opinion,  worth  thousand 
dollars. 

Dated  ,  the  day  of  18 


E.  F.,    ) 

G.H.,  y 

&c.,&c.,) 


E. 

G.  H.,    )■  Jurors. 


§  591.   Certificate  that  Property  cannot  he  divided. 

Supreme  Court, 

A.B.       ) 

against    >  County,  ss: 

C.  D.      ) 
"We,  the  undersigned  jurors,  &c.,  [as  in  §  690  to  the  *,  and  then 
add:^  are  worth  more  than  one  thousand  dollars,  and  cannot  be  di- 
vided without  injury  to  the  interests  of  the  parties  concerned  therein 
And  we  do  hereby  appraise  the  value  of  the  said  premises  at 
thousand  dollars. 

Dated,  &c.,  [as  in  §  590.] 


HOMESTEAD   EXEMPTION   LAW 


833 


I  592.  Notice  of  Sheriff  to  he  Attached  to  the  Jopy  of  §  591,  and 
Served  on  the  Debtor. 

Supreme    Court, 

A.  B. 

against 

CD. 

Sir :  You  will  please  take  notice  thai  the  foregoing  is  a  copy  of  the 
certificate  of  appraisal  this  day  made  by  the  jurors,  by  me  summoned 
as  in  said  certitieate  mentioned ;  and  that,  unless  the  surplus  of  the 
value  of  the  premises  described  in  said  certificate,  as  appraised  by 
said  jurors,  over  and  above  one  tha^sand  dollars,  be  paid  to  me  witliin 
sixty  days  from  the  date  of  the  ser  idee  of  this  notice,  the  said  premi- 
ses will  be  sold,  by  \irtue  of  an  execution  issued  against  you  in  the 
above  entitled  cause.' 

Dated  the  day  of  ,18. 

Yoiirs,  (fcc, 

R.  T.,  Sherift  of  County. 

To  Mr.  C.  D. 


1  If  the  surplus  is  not  paid  within  sixty 
days,  the  sherifl"  may  adveriise  and  kcII  the 
premises,  as  in  oiher  case-^;  and  out  of  the 
proceeds  of  the  (=ale,  he  must  pay  the  execu- 
Uon  debtor  one  thousand  dollars,  which  will 


be  exempt  from  execution  for  one  year  thai e 
after,  and  apply  the  balance  on  the  execution. 
The  costs,  and  charges  nf  the  sheriff,  must 
be  deducted  from  such  balance. 


CHAPTER  XXV. 

JUSTICES'  COUETS. 

PRACTICAL     REMARKS, 

1.  There  ai-e  but  two  kinds  of  actions  in  the  Courts  of  Justice  ot 
this  State,  whether  of  record  or  otherwise,  viz :  civil  and  criminal 
actions.' 

2.  Justices  of  the  Peace  have  civil  jurisdiction  in  the  following  ac- 
tions, and  no  other: 

1.  An  action  arising  on  contract,  for  the  recovery  of  money  only,  if 
the  sum  claimed  does  not  exceed  one  hundred  dollars: 

2.  An  action  for  damages  for  an  injury  to  the  p€rsori,or  lo  reai  pro- 
perty, or  for  taking,  detaining,  or  injuring,  personal  property,  if  the 
damages  claimed  do  not  exceed  one  hundred  dollars; 

3.  An  action  for  a  penalty,  not  exceeding  one  hundred  dollars,  given 
by  statute; 

4.  An  action  commenced  by  attachment  of  property,  as  hereinafter 
specified; 

5.  An  action  upon  a  bond,  conditioned  for  the  payment  of  money, 
not  exceeding  one  hundred  dollars,  though  the  penalty  exceed  that  sum; 
the  judgment  to  be  given  tor  the  sum  actually  due.  Where  the  pay- 
ments are  to  be  made  by  instahncnts,  an  action  may  be  brought  for  each 
instalment,  as  it  shall  become  due; 

6.  An  action  upon  a  surety  bond  taken  by  them,  though  the  penalty 
or  amount  claimed  exceed  one  hundred  dollars; 

7.  An  action  on  a  judgment  rendered  in  a  court  of  a  Justice  of  the 
Peace,  or  of  a  Justice's  or  other  inferior  court,  in  a  city;  but  no  action 
can  be  brought  on  a  judgment  rendered  by  a  Justice  of  the  Peace,  in  the 
same  county,  within  five  years  after  its  rendition,  except  in  case  of  his 
death,  resignation,  incapacity  to  act,  or  removal  from  the  county,— or 
that  the  process  in  the  original  action  was  not  personally  served  on  tho 
defendant,  or  on  all  the  defendants, —  or  in  case  of  the  death  of  some  of 


>  Laws  of  1849,  chap.  438,  (Code  of  Proeedur*,)  §4- 


JVSTIOES*   OOTTRTS. 


835 


the  parties, —  or  where  the  docket  or  record  of  the  judgment  has  been 
lost  or  (i«8troyed.^ 

3.  Justices  may  also  take  and  enter  judgment,  on  the  confession 
of  a  defendant,  -where  the  amount  confessed  does  not  exceed  two 
hundred  and  fifty  dollars.* 

4.  '^o  Justice  of  the  Peace  has  cognizance,  however,  of  a  ci^il  ac- 
tion in  which  the  People  of  tliis  State  are  a  party,  except  for  penal- 
lies  not  exceeding  one  hundred  dollars ;  nor  of  an  action  in  wliich 
the  title  to  real  estate  comes  in  question ;  nor  of  a  civil  action  for  an 
assault,  battery,  false  imprisonment,  libel,  slander,  malicious  prosecu- 
tion, criminal  conversation,  or  seduction ;  nor  of  a  matter  of  account, 
where  the  sum  total  of  the  accounts  of  both  parties,  proved  to  the 
satisfaction  of  the  Justice,  exceeds  four  hundred  dollars ;  nor  of  an 
action  against  an  Executor  or  Adminiskator,  as  such.* 

5.  Civil  actions  may  be  commenced  in  Justices'  Courts,  either  by 
the  voluntary  appearance  of  the  parties,  or  by  process.  There  are 
three  different  forms  of  process  —  summons,  warrant,  and  attach- 
ment Where  a  siut  is  instituted  ■nithout  process,  it  will  be  deemed 
to  have  been  commenced  at  the  time  of  joining  the  issue :  if  a  sum- 
mons or  attachment  be  issued,  the  suit  will  be  deemed  commenced 
on  the  day  when  the  process  is  delivered  to  the  Constable ;  if  the 
process  be  a  warrant,  the  suit  will  be  deemed  commenced  at  the  time 
of  the  arrest  of  the  defendant.* 

6.  There  are  two  kinds  of  process  by  summons,  generally  distin- 
guished as  a  long  summo)is  and  a  short  summons.  A  lone/  summons 
is  the  usual  process  against  all  persons  residing  in  the  coTUity  where 
it  issues ;  and  it  is  the  only  one  wliich  can  issue,  of  course,  in  any 
case,  against  a  freeholder,  or  an  inhabitant  of  any  county  having  a 
family.  A  short  summons  is  the  proper  form  of  process  to  be  issued 
in  favor  of  a  non-resident  plaintiff,  suing  as  such,  when  the  defendant 
cannot  be  arrested  under  the  provisions  of  the  non-imprisonment  act; 
and  it  is  the  only  process,  except  an  attachment,  which  can  be  issued^ 
in  similar  cases,  against  a  non-resident  defendant.  Any  other  process 
would  be  void.  But  where  there  are  joint  debtors,  one  or  more  of 
whom  reside  in  the  county,  suit  may  be  commenced  against  them  by 
long  summons.^ 

7.  Warrants  may  be  issued  in  actions  for  injuries  to  the  person, 
rights,  or  property  of  another ;  or  for  taking  or  detaining  personal 
property ;  or  for  the  recovery  of  money  collected  by  a  pubUc  officer , 
for  official  misconduct  or  neglect  of  duty ;  or  misconduct  or  neglect 


'  Laws  of  1S49,  ch.  43S,  (Code  of  ProceJure) 
Part  I.  title  vi.,  §  53;  Id.,  Part  II.  title  i.  §  71. 

»  Laws  of  1*19,  chap.  433,  (Code  of  Pro- 
cedure,') Part  I.,  title  vi,  §  53,  sub.  8;  2  R. 
8.  (3ded.)  34'2,  55  114-116  ;  9  Wendell,  569. 

'  Laws  of  1819.  chap.  438,  (Code  of  Pro- 
cedure,) Part  I.,  title  vi.,  i  M. 


«  2  R.  S.  (3d  ed.)  326,  §  12,  13. 

6  2  R.  S.  (3d  ed.)  326,  327,  (•  14  et  eeq.^ 
Laws  of  1S31,  chap.  300,  W  30-33  ;  15  We»- 
dell,  652;  16  Id.,  35;  17  Id.,  517;  3  UilL 
323;  5  Id.,  186;  6  Id.,  631;  1  Deuio,  175  ;  2 
Id.,  95. 


836  NEW  clerk's  assistant. 

in  any  profesisional  employment;  subject,  however,  to  the  pro-visions 
of  tlie  t^tatute  wl-ich  restrict  the  use  of  this  process  to  the  iollowing 
eases,  viz:  Wlu-re  the  defendant  is  a  non-resident;  where  it  appears 
to  the  satisfaction  of  the  Justice,  by  the  affidavit  of  the  applicant,  or 
of  any  othej-  witness,  that  the  person  against  whom  the  warrant  is 
desired,  is  about  to  depart  from  the  county,  with  intent  not  to  return 
thereto;  where  the  defendant  is  an  inhabitant  of  the  county,  having 
a  family,  or  a  freeholder  of  the  same  county,  and  it  shall  in  like  man- 
ner appear  to  the  satisfaction  of  the  Justice,  that  the  plaintiff'  wUl  be 
in  danger  of  losing  his  demand,  unless  such  warrant  be  granted; 
where  the  plaintiff"  is  a  non-resident,  and  tenders  to  the  Justice  secu- 
rity for  the  payment  of  any  sum  which  may  be  adjudged  against 
him  in  the  suit;  and  at  the  option  of  the  Justice,  against  a  resi- 
dent defendant,  not  a  freeholder,  nor  an  inhabitant  having  a 
family;  or  against  a  defendant  upon  whom  a  summons  shall  have 
been  served,  only  by  leaving  a  co4)y,  or  in  any  other  way  than  by 
reading  or  delivering  a  copy  to  him  personally,  and  who  shall  not 
have  appeared  at  the  time  and  place  appointed  in  such  summons, 
nor  shown  good  cause  for  not  appearing." 

8.  There  are  two  kinds  of  attachments,  long  and  short.  The  lat- 
ter issues  against  a  non-resident  defendant,  and  may  be  had  when  a 
short  summons  is  also  a  proper  process ;  and  either  may  be  tJiken, 
at  the  option  of  the  party.  No  affidavit  is  necessary  on  an  applica- 
tion for  a  short  attachment.  A  lovg  attachment  issues,  wheri  it  is 
made  to  appear  to  the  satisfaction  of  the  Justice  to  whom  application 
is  made,  that  the  debtor  has  departed,  or  is  about  to  depart,  from 
the  county  where  he  last  resided,  with  intent  to  defraud  liis  credi- 
tors, or  to  avoid  the  service  of  civil  process;  or  that  such  debtor 
keeps  himself  concealed,  with  the  like  intent;  the  same  process  is- 
sues, under  the  non-imprisonment  act,  when  the  Justice  is  satisfied 
that  the  defendent  is  about  to  remove  from  the  county  some  of  his 
property,  with  intent  to  defraud  liis  creditors,  or  that  he  has  assigned, 
disposed  of,  secreted,  or  is  about  to  assign,  dispose  of,  or  secrete,  any 
of  his  property,  with  the  Uke  intent.  The  lievised  Statutes  limit 
the  nature  of  demands,  for  which  attachments  may  be  sued  out,  to 
those  existing  against  the  debtor  'personally,  whether  liquidated  or 
not,  arising  upon  contract,  or  upon  judgments  rendei-ed  within  this 
State.  The  non-i  nprisonment  act  extends  the  process  to  suits  fur  the 
recovery  of  any  debt  or  damages  arising  upon  contract,  express  or  im- 
plied, or  upon  any  judgment,  whether  rendered  in  this  State  oi*  not 
The  demand,  however,  must  be  against  the  debtor  personally.  In  all 
cases,  the  facts  and  circumstances  relied  on  as  the  foundation  for  the  issu- 
ing of  an  attachment  must  be  set  forth  distinctly  in  the  affidavit  accora- 

•  2  R.  S.  (3d  ed.)  327,  323,  §§  18-23  ;  Laws  I  389  ;  7  Id.,  434  ;  13  la.,  48 ;  15  Id.,  654 ;  !• 
•f  1631,  chap.  300 ;  Laws  of  1840,  chap.  165  ;  Id.,  35  ;  17  Id.,  51 ;  2  Hill,  296 ;  1  Demo,  176 
U.,  chap.  377  ;  2  Cowen,  429;  3  Wendell,  | 


justices'  courts.  837 

panying  the  application.  The  only  material  difference  between  the  pro- 
ceedings on  attachments  issued  under  the  statute,  and  those  issued 
under  the  non-imprisonment  act,  subsequent  to  the  issuing  of  the  pro- 
cess, is,  that  in  the  latter  case,  where  property  is  attached,  and  a  copy  of 
the  inventory  and  attachment  is  not  personally  served,  and  the  de- 
fendant does  not  appear,  the  phuntift"  may  take  a  short  summons; 
and  if  the  defendant  be  personally  served  therewith,  or  cannot  be 
found  after  diligent  inquiry,  the  Justice  may  proceed  to  hear  and 
determine  the  cause  in  the  same  manner  as  upon  a  summons  per- 
sonally served.' 

9.  An  affidavit  for  an  attachment,  stating  fitcts  and  circumstances, 
on  belief  only,  is  fatally  defective ;  but  if  the  party  swears  he  has 
been  informed  of  the  facts  set  forth,  the  affidavit  will  be  sufficient." 

10.  On  an  attachment  against  joint  debtors,  a  Justice  cannot  render 
judgment,  Avhere  one  only  of  the  defendants  has  been  served  with 
the  process.  The  proceeding  must  be  dismissed,  or  a  summons 
issued.' 

11.  When  the  name  of  any  defendant  sued  in  a  Justices'  Court,  is 
not  known  to  the  plaintiff,  he  may  be  described  in  a  summons,  or 
warrant,  by  a  lictitious  name ;  and  if  a  plea  in  abatement  be  inter- 
posed by  such  defendant,  the  Justice  before  whom  the  suit  is  pending 
may  amend  the  proceedings,  according  to  the  truth  of  the  matter,  and 
proceed  in  the  cause,  in  like  manner  as  if  thedefendant  had  been  sued 
by  his  right  name.* 

12.  It  is  no  part  of  the  official  duty  of  a  Justice  to  deliver  a  sum- 
mons to  a  constable.* 

13.  Where  a  summons  is  returned  served  by  copy,  and  another 
summons  is  issued,  the  suit  will  be  legally  continued,  even  in  cases 
affected  by  the  statute  of  limitations." 

14.  The  pleadings  in  courts  of  Justices  of  the  Peace  are — 1,  the 
complaint  by  the  plaintiff;  2,  the  answer  by  the  defendant.  The 
pleadings  may  be  oral,  or  in  writing;  if  oral,  the  substance  of  them 
must  be  entered  b}-  the  Justice  in  his  docket;  if  in  writing,  tliey 
must  be  tiled  by  him,  and  a  reference  made  to  them  in  the  docket. 
The  complaiiit  must  sttite,  in  a  plain  and  direct  manner,  the  facts 
constituting  tiie  cause  of  action.  The  ansiver  may  contain  a  denial 
of  the  complaint,  or  any  part  thereof,  and  notice,  also,  in  a  plain  and 
direct  manner,  of  any  facts  constituting  a  defence.  Pleadings  are  not 
required  to  be  in  any  particular  form,  but  must  be  such  as  to  enable 


1  2R.  S.  (3(1  ed.)  328,  5  27  et  seq.;  Laws  of  I 
1831,  chap.  300,  §  34 ;  Laws  ol"  1S42,  cliap. 
W!  \  15  Johnson,  106  ;  3Cowen,2()6;  6  IJ., 
234;  10  Wendell,  420:  12  Id. ,359;  13  Id., 
46,404;  14  Id  ,  237  ;  15  Id,  450,  4T9  ;  20  Id., 
77,  146,  184  ;  23  Id.,  336  ;  24  ld.,48o, :  5 Hill, 
96t;  6  Id.,  311;   1  Uetiio,  ISo. 

22 

\ 


*  4  Denio,  93. 

s  2C(imstock,  112. 

*  Laws  0(1830,  chap.  320. 
<•  3  Denio,  12. 

*  3  Denio,  12. 


338  NEW  clerk's  assistant. 

a  person  of  common  understanding  to  know  what  is  meant.  Either 
party  may  demur  to  a  pleading  of  his  adversary,  or  any  part  thereof, 
when  it  is  not  sufficiently  explicit  to  enable  liim  to  understand  it,  or 
it  contains  no  cause  of  action  or  defence,  although  it  be  taken  as  true ; 
if  the  court  deem  the  objection  well  founded,  it  must  order  the  plead- 
ing to  be  amended,  and,  if  the  party  refuse  to  amend,  the  defective 
pleading  must  be  disregarded.  In  an  action  or  defence,  founded 
upon  an  account,  or  an  instrument  for  the  payment  of  money  only, 
it  Avill  be  sufficient  for  a  party  to  deliver  the  account  or  instrument  tu 
the  court,  and  to  state,  that  tbere  is  due  to  him  thereon  from  the  ad- 
verse party  a  specified  sum,  Avhich  he  claims  to  recover  or  set  oft'.^ 

1 5.  A  variance  betAveen  the  proof  on  the  trial,  and  the  allegations 
in  a  pleading,  Avill  be  disregarded  as  immaterial,  unless  the  court  shall 
be  satisfied  that  the  adverse  party  has  been  misled  to  his  prejudice 
thereby.  The  pleadings  in  a  Justices'  Court  may  be  amended,  at 
any  time  before  the  trial,  or  during  the  trial,  or  upon  appeal,  when, 
by  such  amendment,  substantial  justice  will  be  promoted.  If  the 
amendment  be  made  after  the  joining  of  the  issue,  and  it  be  made  to 
appear  to  the  satisfaction  of  the  court,  by  oath,  that  an  adjournment 
is  necessary  to  the  adverse  party  in  consequence  of  such  amendment, 
an  adjoiu'nment  must  be  granted.  The  court  may  also,  in  its  discre- 
tion, require  as  a  condition  of  an  amendment,  the  payment  of  costs 
to  the  adverse  party,  to  be  fixed  by  the  court ;  but  no  amendment 
can  be  allowed  after  a  witness  is  sworn  on  a  trial,  when  na  adjourn- 
ment will  be  thereby  made  necessary.' 

16.  In  case  a  defendant  does  not  appear  and  answer,  in  an  action 
before  a  Justice  of  tlie  Peace,  the  plaintiff  cannot  recover  without 
proAing  his  case.' 

17.  At  the  joining  of  the  issue,  the  court  taay  require  of  either 
party,  at  the  request  of  the  other,  to  exliibit  his  account  or  demand, 
or  state  the  nature  thereof  as  definitely  as  may  be  in  his  power,  at 
that  or  some  other  specified  time ;  and  in  case  of  the  default  of  the 
party,  he  will  be  precluded  from  giving  evidence  of  such  parts  thereof 
as  shall  not  have  been  so  exhibited  or  stated.* 

18.  If  the  defendant  do  not  appear  on  the  return  of  a  summons  or 
attachment,  the  Justice  before  Avhom  the  suit  is  brought  may  adjourn 
the  cause  to  a  time  certain,  not  exceeding  eight  days,  on  the  simple 
motion  of  the  plaintiff,  Avithout  oath, — and  so  if  the  defendant  appear 
and  do  not  object;  but  the  defendant  may  object,  and  require  as  a 
condition  of  the  adjournment,  that  the  plaintiff,  or  his  attorney,  make 
oath  that  he  cannot,  for  Avant  of  some  material  testimony,  or  witn&5S, 
safely  proceed  to  trial.     An  adjournment  on  the  application  of  the 


1  Laws  onS49,  chap.  438,  (Code  of  Proce-  I     2  Ibid.,  loc.  cit. 
dure.)  Pari  L,  title  vi.,  §64.  s  Ibid.,  loc.  cit. 

I     *  Ibid.,  loc.  cit. 


justices'  courts.  839 

plaintiflf  cannot  be  granted  at  any  other  time  than  on  the  return  of  a 
summons  or  attachment,  or  the  joining  of  issue  without  process,  except 
upon  an  application  for  a  commission,  when  the  plaintiff  is  entitled  to 
the  same  time  and  privileges  as  a  defendant  A  defendant  may 
make  application  for  an  adjournment,  at  the  time  of  joining  issue,  in  all 
cases,  except  where  the  suit  is  commenced  by  warrant  on  behalf  of 
a  non-resident  plaintiff.  The  defendant,  or  his  attorney,  may  be  re- 
quired, on  such  appUcation,  to  make  oath  that  he  cannot  safely  pro- 
ceed to  trial,  for  the  want  of  some  material  testimony,  or  witness,  to 
be  specified  by  him.  In  addition  to  such  oath,  the  defendant  must, 
if  required,  execute  the  bond,  a  form  of  Avhich  is  hereinafter  given. 
A  defendant  may  have  a  second  or  further  adjournment,  on  giving 
securitv,  if  required,  and  proving,  by  his  own  oath,  or  otherwise,  that 
he  cannot  safely  proceed  to  trial,  for  want  of  some  material  testimony,, 
or  witness;  and  that  he  has  used  due  diligence  to  obtain  such  testi- 
mon)^  or  witness.  Where  a  suit  is  commenced  by  a  non-resident 
plaintiff,  the  first  adjournment  is  to  be  not  less  than  three  nor  more 
than  twelve  days,  unless  the  parties  and  Justice  otherwise  agree.  In 
no  case  can  the  time  of  adjourning  a  cause  exceed  ninety  days  from 
the  time  of  joining  the  issue,  except  with  the  consent  of  parties.  A 
Justice  may  adjourn  a  cause,  with  or  Avithout  the  consent  of  parties, 
on  his  OAvn  motion,  at  the  time  of  the  return  of  a  summons  or  attach- 
ment, or  of  joining  issue  without  process,  not  exceeding  eight  days; 
and  he  may  hold  a  cause  open,  or  adjourn  it,  on  issuing  an  attach- 
ment for  a  witness,  or  a  neAv  venire.  Justices  have  a  discretion  to 
exercise  in  refusing  or  granting  an  adjournment,  wlaich  will  not  be 
interfered  with  on  appeal,  except  there  be  a  clear  abuse  of  that  dis- 
cretion.' 

19.  Consent  will  give  a  Justice  jurisdiction  in  respect  to  parties, 
but  not  as  to  the  subject  matter  of  a  suit." 

20.  A  Justice  of  the  Peace  may,  when  an  issue  of  fact  shall  have 
been  joined  before  him,  upon  the  application  of  a  party  showing 
the  materiality  of  the  testimony  of  a  witness  beyond  the  reach  of  a 
subpoena,  issue  a  commission  to  one  or  more  persons  to  examine  such 
witness  on  oath,  upon  interrogatories  to  be  settled  by  the  Justice ; 
and  whenever  the  defendant  neglects  to  appear,  or  to  plead  in  such 
action  or  suit,  and  the  plaintiff  makes  application  for  a  commission  to 
take  the  deposition  of  a  material  witness,  the  Justice  may  issue  a  com- 
mission without  notice, — the  interrogatories  accompanying  the  same 
being  proposed  by  the  plaintiff,  and  settled  by  the  Justice.* 


»  2  R.  S.  (3d.  ed.)  a35,  33G,  §  CS,  et  seq.  ;  8  I      «  12  Johnson,  285  ;  17  Id.,  63  ;  3  Hill,  323. 
.'ohnson, -120  ;  11  Id,  407-  13  Id.,  228;  15  Id.,        3  Laws  of  1838,  chap.  243;  Laws  of  l&ll, 
I'yi  ;  1  Cowen,  U2. 234,  253  ;  2  Id.,  425 ;  7  Id. ,  1  chap.  138  ;  Laws  of  1&17,  chap.  329. 
869;  1  Wendell.  464  ;  3  Id.,  420;  10  Id.,  497;  I 
II  Id.,  461, 554; '3  Uill,  323  ;  7  Id.,  77. 


340  NEW  clerk's  assistant. 

21.  It  must  be  made  distinctly  to  appear,  on  an  application  for  a 
commission,  that  the  witness  is  material,  and  that  he  does  not  reside 
in  the  county  where  the  suit  is  pending,  nor  in  an  adjoining  county. 
An  affidavit,  stating  that  the  witness  is  in  "  another  county,"  and  that 
he  "  is,  or  may  be,  material,"  is  not  sufficient.^ 

22.  Witnesses  may,  be  required  to  attend  before  any  Justice  of  the 
Peace,  in  the  same,  or  in  an  adjoining  county,  in  pursuance  of  a  sub- 
poena duly  served.^ 

23.  A  Justice  of  the  Peace  must  enter  judgment  forthwith,  on  the 
verdict  of  a  jury;  he  cannot  wait  until  the  next  day.^ 

24.  When  there  is  no  jury,  a  Justice  must  render  his  judgment 
within  four  days  after  the  trial.  It  need  not  be  entered  on  his  docket 
within  that  time,  but  a  memorandum  thereof  must  be  made  on  the 
papers  in  the  action.* 

25.  The  pliiintitf  must  be  present,  either  in  person  or  by  attorney, 
when  a  verdict  is  rendered.^ 

26.  A  Justice  of  the  Peace,  on  the  demand  of  a  party  in  whose 
favor  he  shall  have  rendered  a  judgment,  must  give  a  transciipt 
thereof,  Avhich  may  be  filed  and  docketed  hi  the  office  of  the  Clcik 
of  the  Coimty  where  the  judgment  was  rendered.  The  time  of  the 
receipt  of  the  transcript  by  the  Clerk  must  be  noted  and  entered  in 
the  docket;  and  from  that  time  the  judgment  will  be  a  judgment  of 
the  County  Court.  A  certified  transcript  of  such  judgment  may  be 
filed  and  docketed  in  the  Clerk's  office  of  any  other  county,  and  with 
the  like  eftect,  in  every  respect,  as  in  the  county  where  the  judgment 
was  rendered,  except,  that  it  shall  be  a  lien,  only  from  the  time  of 
filing  and  docketing  the  transcript  But  no  such  judgment  for  a  loss 
sum  than*twenty-tive  dollars,  exclusive  of  costs,  will  be  a  lien  upon 
real  property." 

27.  Where  a  transcript  of  a  judgment  is  docketed  in  the  office  of 
the  Clerk  of  the  city  and  county  of  New  York,  such  judgment  will 
have  the  same  effect  as  a  lien,  and  be  enforced  in  the  same  manner 
as  a  judgment  of  the  Court  of  Common  Pleas  of  such  city  and  county.' 

28.  Executions  may  be  issued  on  a  judgment  in  a  Justice's  Court, 
whether  rendered  before  or  after  the  passage  of  the  act  of  1849,  at 
any  time  witliin  five  years  after  the  rendition  thereof,  and  must 
be  made  returnable  sixty  days  from  the  date  thereof  Where  a 
judgment  is  docketed  with  the  County  Clerk,  the  execution  must  be 
'issued  by  him  to  the  Sheriff  of  the  County,  and  be  executed  in  the 
.^ame  manner  as  other  executions  and  judgments  of  the  County  Court, 
yr,  in  the  city  and  county  of  New  York,  of  the  Court  of  Common 
JPleas:' 

»  7.  Hill,  77.  I      •  Laws  of  1849,  chap.  438,  (Code  of  Proc»- 

a  2  R..S.  (3d.  ed.)  337,  §  81,  et  BOq:  l  dure.  Part  I.,  title  vi.,  §  63. 
»  3  Denio,  12.  '  Ibid.,  Part  I.,  title  vii.,  5  68. 

*  2  Comstock,  ^i.  I     •  Ibid.,  Part  I.,  title  vi.,  §  §4. 

-6i3.Dei)io,  12.  I 


justices'  courts.  341 

29.  A  Justice  of  the  Peace  may  renew  an  execution  issued  by 
Mm  from  time  to  time,  by  an  endorsement  specifying  the  amount  due, 
if  any  tiling  lias  been  paid  or  collected  thereon,  and  the  date  of  the 
renewal;  the  endorsement  must  be  signed  by  the  Justice.' 

30.  An  execution  issued  by  a  Justice  may  be  renewed  while  yet 
unsatisfied,  though  levy  has  been  made ;  provided  there  be  not  suffi- 
cient time  to  adverdse  and  sell  under  it." 

31.  The  docket  of  a  Justice  is  good  evidence  before  himself,  with- 
out proving  its  identity,  or  showing  his  official  character.' 

32.  Where  the  statute  requires  a  "bond  "  to  be  executed,  in  any 
proceeding  had  before  a  Justice,  a  mere  covenant,  or  agreement  in 
writing,  to  become  holden,  on  certain  conditions,  is  not  sufficient. 

33.  Courts  of  Justices  of  the  Peace,  are  not  courts  of  record,  and 
judgments  rendered  before  them  will  be  barred  by  the  statute  of 
limitations,  even  though  docketed  in  the  office  of  the  County  Clerk, 
at  the  expiration  of  six  years  from  the  vendition  thereof^ 

34.  The  Justices'  Courts  in  the  city  of  New  York,  and  Justices' 
Courts  in  other  cities,  have  jurisdiction  in  ail  civil  actions  similar  to 
those  in  which  Justices  of  the  Peace  have  jurisdiction ;  and,  also,  in 
actions  upon  the  charters  or  by-laws  of  the  corporations  of  their  re- 
spective cities,  where  the  penalty  or  forfeiture  does  not  exceed  one 
hundred  dollars." 

35.  Justices  of  the  Peace  have  power  to  issue  process  for  crimes 
committed  in  the  county  where  they  reside,  but  not  for  those  com- 
mitted in  another  county,  even  if  the  offender  be  in  the  county  where 
the  Justice  resides.' 

36.  Courts  of  Special  Sessions  are  to  be  held  by  a  single  magis- 
trate, and  all  oflfences  triable  before  such  courts  are  to  be  tried  with 
or  without  a  juiy,  at  the  election  of  the  prisoner.  Any  criminal 
warrant  or  process  issued  for  an  offence  triable  before  a  Court  of 
Special  Ses.sions,  must  authorize  the  officer  executing  it,  to  take  the 
offender  before  some  magistrate  in  the  town  or  city  where  the  offence 
was  committed,  provided  the  magistrate  issuing  the  same  reside  in 
some  other  town  or  city.  The  city  of  New  York  is  excepted  from 
the  operation  of  this  provision.* 


•  2  R.  S.  (3d.  ed.)  34",  §  144.  I      •  Laws  of  1849,  chap.  4A%  (Code  of  Pro««- 

9  1  Denio,  374.  dur?,)  Part  I.,  title  vii.,  §S  66,  67. 

«  1  Peiiio,  4:U  7  6  Hill,  164. 

«  1  Demo,  1.54.  •  Laweof  1S15,  chap.  180,  §§  15.26. 


»  4  Barboure  S-  C.  Rep.,  442.  j 


34  X  KEw  clerk's  AssiSTAirr. 

FORMS. 

§  593.  Summons} 

Town  of  » I     • 

Coimty,  ) 
To  any  Constable  of  the  said  County,  greeting: 

The  people  of  the  State  of  New  York  command  you  to  summon  A. 
B.  to  appear  before  me,  the  undersigned,  one  of  the  Justices  of  the 
Peace  of  the  town  aforesaid,  at  my  office,  [or,  as  the  ease  may  5e,] 
in  the  said  county,  on  the  day  of  ,  at       o'clock,  in 

the  noon,  to  answer  C>  D.,  in  an  action  arising  on  contract,  [or, 
in  an  action  for  damages  for  an  injury  to  the  person  of  the  said  C. 
D. ;  or,  as  the  came  of  action  may  be, J  to  his  damage  one  hundred 
dollars  or  under.     And  have  you  then  there  this  precept. 

Witness  my  hand,  the  day  of  ,  18     . 

J.  H.  B.,  Justice  of  the  Peace. 


§  594.  Affidavit  for  Short  Summons  by  Non-Resident  Plaintiff. 
County,  ss: 

C.  D.,  being  duly  sworn,  says  that  he  has,  as  he  verily  believes,  a 
good  cause  of  action,  arising  on  contract,  \or,  on  a  judgment  founded 
on  contract,]  against  A.  B.,  upon  which,  according  to  the  provisions 
of  the  31st  section  of  the  act  to  abolish  imprisonment  for  debt,  and  to 
punish  fraudulent  debtors,  no  warrant  can  issue  against  the  said  A. 
B  ;*  and  that  this  deponent  resides  in  the  town  of  ,  in  the 

county  of  ,  and  not  within  the  said  county  of  ;  and  this 

deponent  prays  a  short  summons  against  the  said  A.  B.,  on  giving 
security,  according  to  the  statute. 

Sworn  to,  this         day  )  C.  D. 

of         ,  18     ,  before  me,  ) 

C.  C,  Justice  of  the  Peace. 


§  595.  Affidavit  for  Short  Summons  against  Non-Resident 
Defendant. 
County,  ss: 
C.  D.,  being  duly  sworn,  Ac,  [as  in  §   594   to  the  *,  and  then 


»  A  Umg  summons  must  be  mada  returnable  I  in  not  less  than  two^  nor  more  than  four  days, 
in  not  less  than  six,  nor  more  than  twelve  days  In  compating  the  time,  the  day  of  the  date  ia 
from  the  date  tbertof ;  and  a  short  summons  I  tr  be  excluded,  and  the  return  day  included. 


justices'  coubts.  849 

add:]  and  that  the  said  A.  B.  resides  in  the  county  of 
and  out  of  the  said  county  of  ;  and  this  deponent  prays 

a  short  summons  against  the  said  A.  B.  C.  D. 

Sworn,  (tc,  l^as  in  §  594.] 


§  596.  Description  of  Parties  suing  in  a  Particular  Character. 

Of  Adminiftrators. — A.  B.  and  C.  D.,  administrators  of  all  and 
singular  tlie  goods  and  chattels,  rights  and  credits,  Avhich  "were  of 
E.  F.  deceased. 

Executors. — A.  B.  and  CD.,  executors  of  the  last  will  and  testa- 
ment of  E.  F.,  deceased. 

Surviving  Executor. — A.  B.,  surviving-  executor  of  the  last  will, 
<kc. 

Surviving  Partner,  or  Joint  Creditor. — A.  B.,  survivor  of  A.  B. 
and  C.  D. 

Husband  and  Wife. — A.  B.,  and  C.  B.  his  wife. 

Assignee  of  Bail  Bond. — A.  B.,  assignee  of  A.  P.,  Esq.,  Sheriff 
of  the  county  of 

Assignee  of  Insolvent  Debtor. — A.  B.,  assignee  of  E.  F.,  an  insol- 
vent debtor. 

Overseers  of  the  Poor. — A.  B.  and  C.  D.,  Overseers  of  the  Poor 
uf  the  town  of  ,  in  the  county  of 

Plaintiff  in  an  Action  for  a  Penalty. — A.  B.,  who  sues  as  well 
for  himself,  as  for  the  Overseers  of  the  Poor  of  the  town  of  , 

in  the  county  of 


§  597.  Affidavit  for  Warrant,  in  an  Action  for  a  Wrong. 
County,  ss: 
C.  D.,  being  duly  sworn,  says  that  he  has,  as  he  verily  believes,  a 
good  cause  of  action  against  A.  B.,  for  breaking  and  entering  the 
close  of  the  said  C.  D.,  in  the  town  of  ,  in  said  county,  and 

taking  and  carrying  away  therefrom,  (fee,  [set  forth  the  caiise  of  ac- 
tion.^ And  this  deponent  further  says,  that  the  said  A.  B.,  who 
resides  in  said  county  of  ,  is  not  a  freeholder  therein,  nor  au 

inhabitant  thereof  having  a  family,  [or,  that  the  said  A.  B.  is  not  a 
resident  of  the  Siiid  county  of  ,  but  a  resident  of  the  county  of 

;  or,  that  he,  the  said  C.  D.,  is  a  non-resident  of  said 
county,  and  a  resident  of  the  county  of  ,  and  is  willing  to 

give  security  for  the  payment  of  any  sum  which  may  be  adjudged 
ag-ainst  him  in  any  suit  to  be  commenced  hereupon ;  or,  that  the  said 


844  NEW  clerk's  assistant. 

A.  B.  lately  informed  E.  F.,  in  the  presence  of  this  deponent,  that 
he  was  about  to  depart  from  said  county  of  ,  with  intent  not 

to  return  thereto,  [or  state  other  facts  and  circumstances  showing  sueh 
intention;J  or,  that  this  deponent  will,  as  he  verily  believes,  be  in 
danger  of  losing  his  said  demand,  unless  such  warrant  be  granted, 
and  that  the  following  are  the  facts  and  circumstances  on  which  that 
belief  is  founded,  viz :  [state  the  facts;]  and  this  deponent  makes  ap- 
plication for  a  warrant  against  the  said  A.  B.,  according  to  the  statute. 
Sworn,  (fee,  [as  in  §  594.]  C.  D. 


§  598.  Affidavit  for  Warrant,  in  an  Action  on  Contract. 
County,  ss : 

C  D.,  being  duly  sworn,  says  that  he  has,  as  he  verily  beUeves,  a 
good  cause  of  action  against  A.  B.,  for  money  collected  by  the  said 
A.  B.  in  his  official  character  as  Constable,  [or,  for  the  official  mis- 
conduct, [or,  neglect  of  duty,]  of  the  said  A.  B.  as  Constable;  or, 
for  damages  arising  from  the  misconduct  or  neglect  of  the  said  A.  B., 
in  his  professional  employment  as  an  attorney:]  And  this  deponent 
further  says,  that  the  said  A.  B.  is  a  non-resident  of  said  county  of, 
&c.,  [or,  as  in  §  597.]  and,  therefore,  he  makes  appUcation  for  a 
warrant  against  the  said  A.  B.,  according  to  the  statute. 

Sworn,  &c.,  [as  in  §  594.]  C.  D. 


§  599.  Recognisance  on  Issuing  Warrant,  or  Short  Summons. 
County,  ss: 

Be  it  remembered,  that  on  the  day  of  ,18,  appli- 

cation having  been  made  to  the  undersigned,  one  of  the  Justices  of 
the  Peace  of  said  county,  by  C.  D.,  a  non-resident  of  said  county, 
for  a  warrant,  [or,  short  summons,]  in  his  favor  against  A.  B.,  in  an 
action  arising  on  contract,  [or,  as  the  cause  of  action  mag  be:]  E.  F. 
thereupon  personally  came  before  me,  and  acknowledged  that  he 
owed  to  the  said  A.  B.  one  hundred  dollars,  to  be  paid  if  default 
should  be  made  in  the  following  condition,  viz :  that  the  said  C.  D. 
shall  pay  to  the  said  A.  B.  any  sum  which  may  be  adjudged  againsv 
him  the  said  C.  D.,  in  the  suit  to  be  commenced  by  the  said  warrant, 
[or,  short  summons.]  H.  T.  C,  Justice,  <kc. 


I  600.    Written  Securitg  on  Issuing  Warrant,  or  Short  Summons. 
County,  ss: 
Application  having  been  made  to  L.  P.,  Esq.,  one  of  the  Justices 
•f  the  Peace  of  said  county,  by  C.  D.,  a  non-resident  of  the  said 


justices'  courts.  S45 

county,  for  a  warrant  in  his  favor,  against  A.  B.,  in  an  action  arising 
on  contract,  [or,  as  the  cause  of  action  may  hei\  Now,  therefore,  for 
value  received,  and  according  to  the  statute  in  such  case  made  and 
provided,  I  do  hereby  agree  with,  and  become  bound  to,  the  said  A. 
B.,  that  the  said  C.  D.  shall  pay  to  him  any  sum  which  may  be  ad- 
judged against  the  said  C.  D.  in  the  suit  to  be  commenced  by  the 
said  warrant,  \or,  short  summons.] 

Dated  the  day  of  ,18    .  E.  R 

Signed,  taken,  and  acknowledged,  the  ) 
day  of        ,18      ,  before  me,  \ 

C.  C,  Ji^tice,  &c. 


§  601.   Warrant  in  a  Civil  Action. 
County,) 
Town  of  ,P^- 

To  any  Constable  of  the  said  County,  greeting : 

The  people  of  the  State  of  New  York  command  you  to  take  A. 
B.,  and  bring  him  forthwith  before  me,  one  of  the  Justices  of  the 
Peace  of  the  said  town,  to  answer  C.  D.  in  an  action  arising  on  con- 
tract, [or,  as  the  cause  of  action  may  5e,]  to  his  damage  one  hun- 
dred dollars,  or  vmder ;  and  you  are  further  required,  after  you  have 
arrested  the  defendant,  to  notify  the  plaintiff  of  such  arrest,  and 
make  return  hereupon  to  me,  of  the  manner  in  which  you  shall  have 
executed  tliis  precept. 

Witness  my  hand,  the  day  of  ,18. 

R.  H.  F.,  Justice,  <fec. 


§  602.  Application  for  an  Attachment. 
To  J.  B.,  Esq.,  Justice  of  the  Peace  of  the  Town  of  ,  in  the 

County  of  : 

The  subscriber  applies  to  you  for  an  attachment  against  the  pro- 
perty of  A.  B.,  on  the  grounds  set  forth  in  the  affidavit  hereunto 
annexed-     Dated  the  day  of  ,  18     . 

CD. 


§  603.  Affidavit  for  an  Attachment  under  the  Revised  Statutes. 
County,  ss: 

C.  D.,  being  duly  sworn,  says,  that  A.  B.  is  justly  indebted  to 
tliis  deponent  [or,  to  E.  F.]  in  the  sum  of  dollars,  over  and 

above  all  discounts  which  the  said  A.  B.  has  asfainst  him,  as  near  as 


S46  NEW  clerk's  assistant, 

he  can  ascertain  the  same ;  which  debt  arose  upon  contract,  [or,  as 
the  case  may  Je;]*  and  that  the  said  A.  B.  has  departed  from  tlie 
said  county  of  ,  where  he  hist  resided,  witli  intent  to  defraud  his 
creditors,  or  with  intent  to  avoid  the  service  of  any  civil  process ;  [or, 
that  the  said  A.  B.  is  about  to  depart  from  the  said  county  of  , 

<fec.,  as  above;  or,  that  the  said  A.  B.  keeps  himself  concealed  -with- 
in the  said  county  of  ,  where  he  last  resided,  "\vith  intent,  &c., 
[us  above  :'\  and  this  deponent  further  says,  &c.,  \here  state  distinctly 
the  fads  and  circumstances  necessary  to  satisfy  the  Justice  that  there 
are  sufficient  grounds  for  the  attachment.!^ 

Sworn,  &c.,  [as  in  §  594.]  CD. 


§  604.  Affidavit  for  Attachment,  under  the  Non- Imprisonment  Act. 
County,  ss: 

C.  D.,  being  duly  sworn,  says,  &c.,  [as  in  §  603  to  the  *,  and  then 
add:"]  and  that  the  said  A.  B.  is  about  to  remove  his  property  from 
the  said  county  of  ,  Avith  intent  to  defraud  his  creditors, 

[or,  that  the  said  A.  B.,  has  assigned,  disposed  of,  or  secreted,  his 
property,  with  intent  to  defraud  his  creditors ;  or,  tliat  the  said  A.  B. 
is  about  to  assign,  dispose  of,  or  secrete,  his  property,  with  intent  to 
defraud  his  creditors;]  and  this  deponent  further  says,  that,  «kc.: 
[set  forth  the  facts  and  circumstances,  as  directed  in  §  603.] 

Sworn,  &c.,  [as  in  §  594.]  C.  D. 


§  605.  Affidavit  for  an  Attachment  against  a  Non-Resident 
County,  ss: 

C.  D.,  being  duly  sworn,  says,  &c.,  [as  in  §  603  to  the  *,  and  then, 
add;^  and  that  the  said  A.  B.  is  a  resident  of  the  town  of  , 

in  the  county  of  ,  and  out  of  the  said  county  of  ") 

and  that  no  warrant  can  issue  against  him,  on  the  demand  of  the  said 
C.  D.,  according  to  the  act  to  abolish  imprisomnent  for  debt,  and  to 
punish  fraudulent  debtors 

Sworn,  &c.,  [as  in  §  594.]  C.  D. 


§  606.  Bond  on  Attachment.^ 
Know  all  men  by  these  presents :  That  we,  C.  D.,  and  E.  R,  are 
held  and  firmly  bound  unto  A.  B.,  in  the  sum  of  two  hundred  dol- 


»  N»  bond  IS  neceeeary  »n  an  attachment  against  a  non-resident.    (23  Wendell,  336.)    But 
ft  nan-resident  plaintitf  must  give  isecurity,  as  in  other  cases. 


JUSTICES*  eouETs.  S4Y 

lars,  [if  under  the  non-imprisonment  act,  say,  one  hundred  dollars,] 
to  be  paid  to  the  said  A.  B.,  his  heirs,  executors,  administrators,  or 
assigns ;  for  Avhich  payment,  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  executors  and  administrators,  jointly  and  severally, 
tirmly  by  these  presents.  Sealed  with  our  seals,  and  dated  the 
day  of  ,A.  D.  18      * 

Whereas  the  above  bounden  C.  D.  has  made  application  to  C.  C, 
Esq.,  a  Justice  of  the  Peace  of  the  town  of  ,  in  the  county 

of  ,  for  an  attachment  in  his  favor,  [or,  in   favor  of  L.  M.,] 

against  the  property  of  the  said  A.  B.,  in  pursuance  of  the  provisions 
iif  the  Revised  Statutes,  [or,  of  the  act  to  abolish  impiisonment  for 
debt,  and  to  punish  fraudulent  debtors:]  Now,  therefore,  the  condi- 
tion of  this  obligadon  is  such,  that  if  the  said  C.  D.  [or,  L.  M.]  shall 
pay  the  said  A.  B.  all  damages  and  costs  which  he  may  sustain  by 
reason  of  the  issuing  of  said  attachment,  if  the  said  C.  D.  [or  L.  M.] 
shall  fail  to  recover  judgment  thereon ;  and  if  such  judgment  be  re- 
covered, and  the  said  C.  D.  [or,  L.  M.]  shall  pay  the  said  A.  B.  all 
moneys  which  shall  be  received  by  him  from  any  property  levied 
upon  by  virtue  of  such  attachment,  over  and  above  the  amount  of  such 
judgment,  and  interest  and  costs  thereon,  then  this  obligation  to  be 
void;  else  of  force. 

Sealed  and  delivered  \  C.  D.  [l,  s.] 

in  the  presence  of   )  E.  F.  [l.  8.1 

G.  H. 


§  607.  Attachment. 

County,  )g. 
Town  of  ,  J      ' 

To  any  Constable  of  the  said  County,  greeting: 

Whereas,  C.  D.  has  applied  for  an  attachment  agmnst  the  property 
of  A.  B.,  against  whom  he  has  a  claim  for  a  debt  of  dollars, 

and  produced  satisfactory  proof  that  the  said  A.  B.  is  about  to  depart 
from  the  said  county  of  ,  where  he  last  resided,  [or,  as 

ike  case  may  be,'\  with  intent  to  defraud  his  creditors :  Therefore,  the 
People  of  the  State  of  New  York  command  you,  to  attach  so  much 
of  the  goods  and  chattels  of  the  said  A.  B.,  as  will  be  suflScient  to 
satisfy  the  said  claim,  and  safely  to  keep  the  same,  to  satisfy  any 
judgment  that  may  be  recovered  on  this  attachment;  and  that  you 
make  retm-n  of  your  proceedings  thereon  to  me,  on  the  day 

of  ,  at  o'clock  in  the  noon,  at  my  office 

in  the  saic"  to^vru     Dated  the  day  of  ,  18     . 

G,  H.,  Justice,  (fee 


848  NEW  clerk's  assistant. 

§  608.  Bond  on  Adjournment,  in  Action  arising  on  Contract. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  E.  F.,  &c., 
\as  in  §  606  to  the  *,  inserting  such  penalty  cts  the  Justice  may  di- 
rect, and  then  add:^ 

Whereas,  a  suit  has  been  commenced  before  G.  H.,  Esq.,  Justice 
of  the  Peace,  by  C.  D.,  plaintiff,  against  A.  B.,  defendant,  the  trial  of 
which  is  adjourned  until  the  day  of  ,  18     ,  on 

the  application  of  said  defendant:  Now,  therefore,  the  condition  of 
this  obligation  is  such,  that  if  the  above  bounden  A.  B.,  and  E.  F., 
or  either  of  them,  shall  pay  such  judgment  as  may  be  rendered 
against  the  defendant  in  said  cause,  with  interest,*  if  any  part  of  his 
property,  liable  to  execution,  be  removed,  secreted,  assigned,  or  m 
any  way  disposed  of,  except  for  the  necessary  support  of  himself  and 
family,  until  the  plaintiff's  demand  shall  be  satisfied,  or  until  the  ex- 
piration of  ten  days  after  he  shall  be  entitled  to  have  an  execution 
issued  on  such  judgment,  then  this  obligation  to  be  void;  otherwise 
fif  force. 

Sealed,  &c.,  [as  in  §  606.] 


§  609.  Bond  on  Adjournment,  in  Action/or  a  Wrong. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  and  E.  F.,  <fec., 
[as  in  §  606  to  the  *,  inserting  such  penalty  as  the  Justice  may  di- 
rect, and  then  add:^ 

Whereas,  <fec.,  [as  in  §  608  to  the  *,  and  then  add:'\  if  the  said 
defendant  shall  not  render  himself  upon  the  execution  which  may  be 
issued  on  such  judgment,  before  the  return  thereof,  then  this  obliga- 
tion to  be  void ;  otherwise  of  force. 

Sealed,  &c.,  [as  in  §  606.] 


§  610.  Affidavit  of  Justification  of  Bail. 

CD.      ) 

against    V  Before  G.  H.,  Esq.,  one  of  the  Justices  of  the  Peace 

A.  B.      )      of  the  county  of  : 

County,  ss: 

E.  F.,  being  duly  sworn,  says  that  he  is  a  housekeeper,  [or,  free- 
holder,] now  actually  residing  in  the  town  of  ,  in  said  county ; 
and  that  he  is  worth  two  hundred  dollars  over  and  above  what  \vill 
pay  all  his  debts.  E.  F. 

Sworn,  &c.,  [as  in  §  594.] 


justices'  courts.  349 

§  611.   Complaint  in  an  Action  arising  on  ContracL 

In  Justice's  Court, 

^-  .^-  )  Before  C.  C,  Esq.      . 

agaimt         |  Complaint 

A.  B.,  plaintiff,  complains  that  C.  D.,  defendant,  owes  and  is 
indebted  to  him  in  the  sum  of  one  hundred  dollars,  for  goods,  wares 
and  merchandise,  sold  and  delivered  to  [or,  for  work  and  labor  per- 
formed for]  the  defendant,  on  the  day  of  ,  18  ,  \or, 
at  various  times  between  the  day  of  ,  18  ,  and  the 
day  of  ,18  ,]  whereupon  the  plaintiff  demands  judgment 
against  the  defendant  for  the  one  hundred  dollars,  [add  here,  with 
interest               from  the  day  of                ,  18     ,  «/  necessary. '\ 

A.  B.,  Plaintiff 


§  612.   Complaint  for  Injuring  Personal  Property. 

In  Justice's  Court, 

^•^\         )  Before  C.  C,  Esq., 
against         >■  ^        ,  ■   ,     '       ^ ' 
f^  -n.  \  Complaint. 

A.  B.,  plaintitf,  complains  that  C.  D.,  defendant,  carelessly  and 
violently  ran  against  the  carriage  of  the  plaintiff,  with  the  team  and 
wagon  of  the  defendant,  on  the  day  of  ,  18       ,  and 

broke  and  damaged  the  said  carnage  to  the  amount  of  twenty-five 
dollai's;  whereupon,  the  plaintiff  demands  judgment  against  the  de- 
fendant for  the  twenty-five  dollars. 

A.  B.,  Plaintiff 


§  613.   Complaint  for  Breach  of  Warranty. 

In  Justice's  Court, 

^-  ?•  )  Before  C.  C,  Esq. 

against        )■  ^        i  •  x  ^ 

r^   Y\  \  Complaint 

A.  B.,  plaintiff,  complains  that  C.  D.,  defendant,  sold  a  horse  to 
the  plaintiff,  on  the  day  of  ,  18      ,  for  the  sum  of 

duUai-s,  and  warranted  the  same  to  be  perfectly  sound,  kind, 
and  true,  but  the  said  horse  is  blind  of  the  right  eye,  is  vicious  and 
unruly,  and  not  true  in  the  harness,  whereby  he  is  injured  to  the 
amount  of  fifty  dollars;  whereupon  the  plaintiff  demands  judgment 
agjunst  the  defendant  for  the  fifty  dollars. 

A.  B.,  Plaintiff 


350  _  NEW  clerk's  assistant. 

§  614.   Complaint  for  Fraud  or  DeeeiL 
In  Justice's  Court, 

■^P-,         ?  Before  C.  C,  Esq. 
against         y  ^        ,  .  ^     '      ^ 
^   T^  I  Complain t 

A.  B.,  plaintiff,  complains  that  C.  D.,  defendant,  sold  a  horse  to 
the  plaintiff,  on  the  day  of  ,  18      ,  for  the  sum  of 

dollars,  which  said  horse,  to  the  knowledge  of  the  defend- 
ant, was  diseased  of  the  heaves  at  the  time  of  the  sale,  but  the 
defendant  did  not  inform  the  plaintiff  thereof;  whereby  the  said  horse 
is  injured  to  the  amovmt  of  fifty  dollars,  and  the  plaintiff'  demands 
judgment  against  the  defendant  for  the  same. 

A.  B.,  Plaintiff 


§  615.   Complaint  for  Conversion  of  Personal  Property. 

In  Justice's  Court, 

^-  ?\         }  Before  C.  C,  Esq. 
against         y  ^       ,  .  ,    '      ^ 
^  -pj  I  Complamt 

A.  B.,  plaintiff,  complains  that  on  or  about  the  day  of        , 

18  ,  he  was  possessed,  as  of  his  own  property,  of  a  certain  gold 
watch,  of  the  value  of  one  hundred  dollars,  which  afterwards,  and 
on  or  about  the  day  of  ,  18     ,  came  into  the  hands  and 

possession  of  C.  D.,  the  defendant,  who  sold  the  same  and  converted 
the  proceeds  to  his  own  use ;  whereupon  the  plaintiff  demands  judg- 
ment against  the  defendant  for  the  one  hundred  dollars. 

A.  B.,  Plaintiff 


§616.   Complaint  for  Injury  to  Heal  Property. 
In  Justice's  Court, 

^-  ?\         }  Before  C.  C,  Esq. 
Td  [complaint 

A.  B.,  plaintiff,  complains  that  on  or  about  the  day  of        , 

18  ,  C.  D.,  the  defendant,  [or,  the  horses  and  cattle  of  C.  D.,  the 
defendant,]  broke  and  entered  the  close  of  the  plaintiff,  at  , 

in  the  county  of  ,  and  trod  down  and  destroyed  the  grass 

and  products  of  the  soil  there  growing ;  whereby  the  plaintiff"  has 
sustained  damage  to  the  amount  of  fifty  dollars,  and  he  demands 
judgment  against  the  defendant  for  the  same. 

A.  B.,  Plaintiff 


justices'  coubts.  351 

§  617.  Complaini  hy  an  Afsignee. 

In"  Justice's  Court, 

•^•?\        )  Before  C.  C,  Esq. 
«g«2  [complaint 

A.  B.,  plaintiff,  complains  that  C.  D.,  defendant,  was  indebte'd  to 
'^.  H.,  on  the  day  of  ,18     ,  in  the  sum  of  one  hun- 

dred dollars,  for  medical  services  rendered  to  the  said  defendant  pre- 
nous  to  that  day,  Avhich  said  indebtedness  has  been  duly  assigned 
to  the  plaintiff;  whereupon  the  plaintiff  demands  judgment  against 
the  defendant  for  the  one  hundred  dollars. 

A.  B.,  Plaintiff. 


§  618.  Answer  of  Defendant. 
In  Justice's  Court, 

^•^\        )  Before  C.  C,  Esq. 
against        >•  .  »      ^ 

g  -p  I  Answer. 

C.  D.,  the  defendant,  answers  to  the  complaint,  that  on  the 
day  of  18     ,  he  paid  the  indebtedness  haentioned  in  the  com- 

plaint, \or,  that  the  plaintiff  did  not  perform  the  work  and  labor  for 
the  defendant,  mentioned  in  the  complaint;  or,  that  he  did  not  war- 
rant the  horse  mentioned  in  the  complaint  to  be  perfectly  sound,  kind, 
and  true.]  C.  D.,  Defendant 


§  619.  Answer,  with  Notice, 
In  Justice's  Court, 

^'^\        )  Before  C.  C,  Esq. 
against        V  .  '       -i 

^  -pv  I  Answer. 

C.  D.,  the  defendant,  answers  to  the  complaint  that  he  did  not 
take,  and  does  not  detain  the  property,  [or,  did  not  break  and  enter 
the  close,]  mentioned  in  the  complaint,  as  is  therein  stated ;  and  he 
gives  notice  that  he  will  prove  on  the  trial  of  this  action  that  tlie 
property  mentioned  in  the  complaint  was  taken,  and  is  detained  by 
him,  with  ihe  consent  and  permission  of  the  plaintiff,  [or,  that  he 
broke  and  entered  the  close  mentioned  in  the  complaint  in  order  to 
remove  a  quantity  of  wheat  levied  on  by  him  as  a  constable  of  the 
county  of  ,  by  virtue  of  an  execution  against  the  plaintiff,  is- 

sued by  C.  C,  Esquire,  Justice  of  the  Peace  of  said  county,  in  favor 
of  G.  H.,  and  dated  on  the  day  of  ,  18     .] 

C.  D.,  Defendant 


o52  NEW  cierk's  assistant. 

§  620.   Oath  on  Application  for  an  Adjournment} 

You  do  swear,  that  you  will  true  answers  make  to  sucL  questions 
as  shall  be  put  to  you,  touching  the  necessity  of  an  adjournment  in 

this  cause. 


§  621.   Oath  of  Surety  on  Adjournment, 

You  do  swear  tliat  you  will  true  answers  make  to  such  questions 
as  shall  be  put  to  you,  touching  your  competency  as  surety  for  A^ 
B.,  on  his  application  to  adjourn  this  cause. 


§  622.  Examination  of  Witness,  on  the  Application  of  the  Defend- 
ant for  an  Adjournment,  in  a  Cause  commenced  by  War- 
rant  at  the  Suit  of  a  Non-Resident  Plaintiff. 

In  Justice's  Court, 

CD  \ 

'  .   '  I      Before  G.  H.,  Esq.,  one  of  the  Justices  of  the 

f    r>  \  Peace  of  the  County  of 

County,  ss: 
L.  M.,  a  witness  attending,  produced  and  sworn,  by  and  on  behalf 
of  the  plaintiff  in  this  cause,  being  duly  sworn,  on  his  direct  exami- 
nation by  the  phiintiff,  says :  \set  forth  the  testimony.^ 
Sworn,  &c.,  [as  in  §  594.] 

L.M. 


§  623.  Stihpcena. 

'^''^'^     P       ,'lss: 
County,  ) 

The  People  of  the  State  of  New  York,  to  E.  F.,  L.  M.,  &c.,  <fec., 
Greeting : 
We  command  you,  and  each  of  you,  that  all  business-  and  excu- 
ses being  laid  aside,  you  and  each  of  you  be  and  appear,  in  your 
proper  persons,  before  the  undersigned,  oije  of  the  Justices  of  the 
Peace  of  the  said  town,  at  his  office  in  ,  in  the  said  county, 

on  the  day  of  ,  at  o'clock  in  the  noon,  then 

and  there*  to  testify  those  things  which  you  or  either  of  you  know, 


1  For  other  forms  of  oaths,  sea  those  (iTen  in  Chapter  XI. 


justices'  courts.  $S9 

m  a  certainf  action  now  depending  before  the  said  Justice,  between 
C.  D.,  plaintiff,  and  A.  B.,  defendant,  on  the  part  of  the  defendant 
[or,  phiintiff.]  [Jf  a  witness  is  required  to  produce  some  paper  or 
other  evidence,  insert  here:  And  you,  L.  M.,  are  further  commanded 
to  bring-  with  j'ou,  and  then  and  there  produce  in  evidence,  a  certain 
agreement  in  writing,  (fee,  or,  as  the  case  may  be,  describing  the  par 
per.^  Hereof  fail  not  at  your  peril. 
Witness  my  hand,  this  day  of  ,  18       . 

G.  H.,  Justice  of  the  Peace. 


§  624.    Subpoena  for  Witness  to  make  Affidavit  for  Attachment 
Town  of  ,  i      . 

County,  P^" 
The  people,  <fec.,  [as  in  §  623  to  the  *,  inserting  the  word  "  forth- 
with "  after  "  appear,"  and  then  add,^  to  make  affidavit  of  all  and 
singular  those  things  which  you,  or  cither  of  you,  know,  touching  an 
application  made  to  me  by  C.  D.,  for  an  attacliment  against  the  pro- 
perty of  A.  B.,  and  of  any  facts  and  circumstances  tending  to  estab- 
lish the  grounds  of  said  application.  Hereof,  <fec.,  [a*  in  §  623  to 
the  end^ 


§  625.  Subpoena  for  Special  Sessions. 

Tovm  of  ,  [      . 

County,  j 
The  People,  ifec,    [as  in  §  623,  to  the  f ,  and  then  odds']  matter 
then  and  there  to  be  tried  between  the  people  of  the  State  of  New- 
York,  and  A.  B.,  on  the  part  of  the  said  people,  [or,  A.  B.]     Here- 
of, ifec,  [as  in  §  623,  to  the  €7id.] 


§  626.  Affidavit  of  Service  of  Svbpoena. 
County,  ss : 
C.  D.,  the  plaintiff  named  in  the  annexed  subpoena,  being  duly 
sworn,  says,  that  on  the  day  of  ,18       .  at  the  town  of 

,  in  said  county,  he  personally  served  the  said  subpoena  on 
L.  M.,  a  witness  theiein  named,  by  reading  the  same  for,  stating  the 
contents  thereof,]  to  him,  at  the  same  time   paying  [or,  tendering] 
to  him  the  sum  of  twelve  and  a  half  cents;  that  the  said  L.  M.,  is  a 
2S 


354  KBTT   clerk's  ASSISTANT. 

material  witness  for  this  deponent  on  the  trial  of  the  cause  mention- 
ed in  said  subpoena ;  and  tliat  he,  the  said  L.  M.,  has  neglected  [or, 
refuses]  to  attend  the  trial  of  said  cause. 

Sworn,  &c.,  [as  in  §  594.]  * 

CD. 


§  627.   Oath  to  Parti/,  Proving  Service  of  Subpoena. 
You  do  swear,  that  you  will  true  answers  make  to  such  questions 
as  shall  be  put  to  you,  touching  the  service  of  the  subpoena  in  this 
cause. 


§  628.  Attachment  for   Witness. 
County,  ss: 
The  People  of  the  State  of  New  York,  to  any  Constable  of  said 
County,  greeting: 

We  command  you  to  attach  L.  M.,  and  bring  him  before  the  un- 
dersigned, a  Justice  of  the  Peace  of  said  county,  at  his  office  in  the 
town  of  ,  forthwith,  [or,  as  the  case  may  be,'\  to  testify  those 

things  which  he  may  know,  in  a  certain  cause  now  depending  before 
the  said  Justice,  between  C.  D.,  plaintiff,  and  A.  B.,  defendant,  on 
the  part  of  the  plaintiff,  [or,  defendant;]  and  also  to  answer  all  such 
matters  as  shall  be  objected  against  him,  for  that  he,  having  been 
duly  subpoenaed  to  attend  the  trial  of  said  cause,  has  refused  [or, 
neglected]  to  attend  in  conformity  to  such  subpoena ;  and  have  you 
then  there  this  precept. 

Witness,  izc,  [as  in  §  623.] 


§  629.  Notice  of  Application  for  a  Commission. 
CD.) 

against     >  Before  G.  H.,  Esq.,  one  of  the  Justices  of  the  Peace  of 
A.  B.      )  the  County  of  : 

Sir :  Take  notice  that  an  application  for  a  commission  to  be  directed 
»  S.  T.,  of  the  of  ,  to  examine  R  P.,  of  the  same 

place,  a  witness  in  the  above  entitled  cause,  upon  interrogatories  to  be 
annexed  to  such  commission,  will  be  made  to  G.  H.,  Esq.,  at  his  office 
in  the  town  of  ,  on  the  day  of  ,  18     ,  at 

o'clock  in  the        noon. 

Dated  ,  the  day  of  ,  18     . 

C  D.,  Plaintiff 
To  A.  B.,  Defendant       ■ 


JUSTICES*  COURTS.  365 


§630.    Oath  of  Service  of  Notice. 

Fou  do  swear,  that  you  will  true-  answers  make  to  such  questions 
tus  shall  be  put  to  you,  touching  the  service  of  notice  of  an  application 
for  a  commission  in  this  cause. 


§  631.    Oath  on  apjAying  for  Commission. 

Tou  do  swear,  that  you  will  true  answers  make  to  snch  questions 
as  shall  be  put  to  you,  touching  the  necessity  of  issuing  a  commission 
in  this  cause. 


§  632.    Commission.^ 
County,  ss: 
To  S.  T.,  of  the  of  ;  Whereas  it  appears  to  me,  the 

undersigned,  a  Justice  of  the  Peace  of  the  town  of  ,  in  said 

county,  that  K  P.,  of  the  of  ,  aforesaid,  is  a  matcricil 

witness  in  a  certain  action  now  depending  before  me,  between  C.  D., 
pliiintiff,  and  A.  B.,  defendant:  Now,  therefore,  confiding  in  your 
prudence  and  fidelity,  and  in  pursuance  of  the  statute,  1  have  ap- 
pointed, and  by  these  presents  do  appoint  you.  Commissioner  to  ex- 
amine the  said  Avitness;  and  for  that  purpose,  do  authorize  you,  at 
certain  days  and  places,  to  be  by  you  appointed,  diligently  to  exa- 
mine the  Scvid  witness,  on  the  interrogatories  hereto  annooced,  on  oath 
to  be  taken  before  you ;  and  to  cause  such  examination  to  be  reduced 
to  writing,  and  signed  by  such  witness  and  yourself,  and  return  the 
same,  annexed  hereto,  to  me,  enclosed  under  your  seal.  Given  under 
my  hand,  at  the  town  aforesaid,  the  day  of  ,  18     . 

G.  H.,  Justice  of  the  Peace 


§  633.    Commissioner's  Summons  to  Witness. 

County,  ss: 

Whereas,  the  undersigned  has  received  a  commission,  issued  by  G. 

H.,  Esq.,  a  Justice  of  the  Peace  of  the  county  of  ,  directed  for 

th(^  examination  of  R,  P.,  a  witness  in  a  cause  depending  before  the 

said  Justice,  between  C.  D.,  Plaintiflf,  and  A.  B.,  defendant:  You,  the 


«  Where  a  commission  is  isfcued.;  a  person  |  vised  Statutes,  in  the  same  manner  as  in  the 
not  lamiliur  with  our  laws,  it  would  be  well  to    case  of  copjuiissions  issued  out  of  courts  of. 
annex  to  ilie  commission  a  copy  of  j  10,  of  An      record. 
2,  of  liile  3,  of  Chap.  7,  of  pari  3  of  the  lie- 


J56  KEW  CLEIW'S  ASSISTANT. 

eaid  R  P.,  are  therefore  required  to  be  and  appear  before  me,  the 
said  Commissioner,  at  my  dwelling  house,  in  the  town  of  , 

on,  &c.,  then  and  there  to  be  examined,  and  to  testify  the  truth,  ac- 
cording to  the  best  of  your  knowledge,  for  and  on  behalf  of  the  said 
plaintiff,  [or,  defendant,]  and  herein  you  are  not  to  fail 
Dated  the         day  of  ,  18     . 

S.  T. 


§  634.   Oath  to  Witness  Examined  on  a  Commission. 

You  do  swear,  that  the  answers  to  be  given  by  you  to  the  interro- 
gatories proposed  to  you  by  the  Commissioner  here  present,  to  exe- 
cute a  commission  directed  to  him,  issued  by  G.  H.,  Esq.,  a  Justice 
of  the  Peace  of  the  coujity  of  ,  in  a  certain  action  tliere 

depending  before  him,  between  C.  D.,  plaintiff,  and  A.  B.,  defendant, 
shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 


§  635.  Deposition  of  Witness  before  Commissioner. 

Deposition  of  R.  P.,  a  witness  produced,  sworn  and  examined,  on 
oath,  on  the  day  of  ,  18     ,  at  &c.,  by  virtue  of  a  com- 

mission issued  to  S.  T.,  by  G.  H.,  Esq.,  a  Justice  of  the  Peace  of  the 
county  of  ,  in  a  certain  cause  depending  before  the  said  J\is- 

tice,  between  C.  D.,  plaintiff,  and  A.  B.,  defendant. 

The  said  R  P.  deposes  as  follows:  To  the  first  interrogatory,  he 
saith,  [give  anstver  of  tvitness.^ 

To  the  second  interrogatory,  he  saith,  &c.  R.  P. 

Subscribed  and  sworn  before  me,  ) 

this  day  of  ,  18     .  j 

S.  T.,  Commissioner. 


§  636.  indorsement  of  an  Exhibit  produced  before  the  Commis- 
sioner. 
On  the  day  of  ,  18     ,  at  the  execution  of  a  commis- 

sion issued  by  G,  H.,  Esq.,  a  Justice  of  the  Peace  of  the  county  of 
,  for  the  examination  of  R  P.,  a  witness  in  a  certain  action 
depending  before  the  said  Justice,  between  C.  D.,  plaintiff,  and  A.  B., 
defendant,  the  within  paper  writing  marked  "A,"  was  produced  and 
shown  to  the  said  R  P.,  a  witness  sworn  and  examined,  and  by  him 
deposed  unto  at  the  time  of  his  examination  as  a  witness  under  such 
commission.  S.  T.,  Commissioner. 


justices'  courts.  86f 

§  637.    Venire. 
Town  of  ,). 

County,  ) 
To  any  Constable  of  the  said  County,  greeting: 

The  People  of  the  State  of  New  York  command  you  to  summoii 
twelve  good  and  lawful  men,  in  the  town  of  ,  qualified  to 

serve  as  jurors,  and  not  exempt  from  serving  on  juries,  in  courts  of 
record,  and  who  are  in  no  wise  of  kin  to  either  party,  or  interested 
in  the  suit  hereinafter  mentioned,  to  appear  before  me,  one  of  the 
Justices  of  the  Peace  of  said  town,  at  my  office  in  said  town,  on  the 
day  of  ,  18     ,  at  o'clock  in  the  noon,  to 

make  a  jury  for  the  trial  of  an  action  arising  on  contract,  [or,  as  the 
cause  of  action  may  be,'\  between  C.  D.,  phiintiff,  and  A.  B.,  defen- 
dant: And  you  are  also  required  to  make  a  Ust  of  the  persons  sum- 
moned, which  you  will  certify  and  annex  to  this  venu^e,  and  make 
return  thereof  to  me. 

Witness,  (fee,  \as  in  §  623.] 


§  638.   Oath  on  Objection  to  Constable's  Serving  the  Venire. 
You  do  swear,  that  you  will  true  answers  make  to  such  questions 
as  shall  be  put  to  you,  touching  the  reasons  why  H.  C.  shovild  not 
execute  the  venire  in  this  cause. 


§  639.  Juror's  Oath.^ 
You  do  swear,  well  and  truly  to  try  the  matter  in  diflference  be- 
tween C.  D.,  plaintiff,  and  A.  B.,  defendant,  and,  unless  discharged 
by  the  Justice,  a  true  verdict  give,  according  to  the  e\idence. 


§  640.    Oath  of  Witness. 
You  do  swear,  that  the  e\idence  you  shall  give,  relating  to  this 
matter  in  difference  between  C.  D.,  plaintiff,  and  A.  B.,  defendant, 
ehall  be  the  truth,  the  whole  truth,  and  nothinjv  but  the  truth. 


■  Fov  Mhei   •orms  of  oaths,  see  ihose  previously  given,  in  Chapter  XI. 


368  NEW  clerk's  assistant. 

§  641.   Constable's  Oath  on  Retiring  with  Jury. 

You  do  swear,  in  the  presence  of  Almighty  God,  that  you  will,  to 
tlie  utmost  of  your  ability,  keep  the  persons  sworn  as  jurors  on  this 
trial,  together,  in  some  private  and  convenient  place,  without  any 
meat  or  drink,  except  such  as  shall  be  ordered  by  me ;  that  you  will 
not  suffer  any  communication,  orally  or  otherwise,  to  be  made  to 
tliem ;  that  you  will  not  communicate  with  them  yourself,  orally  or 
otherwise,  unless  by  my  order,  or  to  ask  them  whether  they  have 
agreed  on  their  verdict,  until  they  shall  be  discharged :  and  that  you 
will  not,  before  they  render  their  verdict,  communicate  to  any  per- 
son the  state  of  their  deliberations,  or  the  verdict  they  have  agreed  on. 


§  642.   Confession  of  Judgment. 
In  Justice's  Court, 
CD.  1 

against         >  Confession  for  $ 
A.B.  ) 

In  the  presence  of  G.  H.,  Justice  of  the  Peace,  I  do  hereby  confess 
judgment,  on  a  demand  arising  on  contract,  \or  as  the  nature  of  the 
demand  mar,  oe]  to  the  plaintiff  in  the  above  entitled  action,  for 
dollars,  and  consent  that  the  said  Justice  enter  the  same  against  ine 
accordingly. 

Dated  the  day  of  ,  18    .  A.  B. 


§  643.  Affidavit  where  the  Confession  is  for  a  Sum  exceeding  Fifty 

Dollars. 

County,  ss: 
We,  C.  D.  and  A.  B.,  the  parties  named  in  the  foregoing  \or,  an- 
nexed] confession  of  judgment,  being  duly  sworn,  severally  say,  that 
''he  said   A.  B.  is  justly  indebted  to  the  said   C.  D.,  in  the  sum  of 
dollars,  over  and  above  all  just  demands  which  the  said  A. 
,  has  against  the  said  C.  D. ;  and  that  the  above  [or,  annexcdjcou- 
5sion  is  not  made,  or  taken,  with  a  view  to  defraud  any  creditor. 
Subscribed  and  sworn,  before  me,  )  C.  D. 

this  day  of  ,  18     .  f  A.  B. 

G.  H.,  Justice,  <fec. 


JUSTICES*    COURTS.  859 

§  644.   Transcript  of  Judgment. 
In  Justice's  Court, 
CD. 

agaimt 
A.  B. 
Judgment  rendered  for  the  pUiintiff,  against  the  defendant,  May  6, 

184G,  for  828  02 

Costs,  1   90 


$29  92 
Fee  for  transcript,  to  be  added,  25 

County,  ss: 
I  certify  that  the  above  is  a  true  copy  of  a  judgTaent  rendered  by 
and  before  me,  and  now  remaining  unsatisfied  upon  my  docket;  that 
the  said  judgment  was  rendered  in  the  absence  of  tlie  defendant, 
upon  contract;  \or,  as  the  case  may  ie;]  and  that  E.  F.  and  0.  P 
were  the  witnesses  sworn  on  tlie  part  of  the  plaintiff  therein. 
Dated  the  day  of  ,18 

G.  H.,  Justice,  (fee. 


§  645.  Execution. 
Town  of  .  I      . 

County,  f 
To  any  Constable  of  said  town,  greeting: 

Whereas,  judgment  has  been  rendered  before  me,  one  of  the  Jus- 
tice of  the  Peace  of  the  said  county,  against  A.  B.,  defendant,  in 
favor  of  C.  D.,  plaintiff,  for  dollars  and  cents :  Therefore, 

the  People  of  liie  State  of  Ncav  York  command  you,  to  levy  the 
amount  of  the  said  judgment,  with  interest  from  the      day  of  , 

18  ,  on  which  day  judgment  was  rendered,  luitil  received,  of  the 
goods  and  chattels  of  the  said  defendant,  (except  such  goods  and 
chattels  as  are  by  law  exempted  from  execution,)  and  bring  the 
money  before  me  sixty  days  from  the  date  hereof,  to  render  to  the 
said  plamtiff:  and  have  you  then  there  this  precepts  [If  the  defen- 
dant may  be  arrested  on  tlie  execution,  add  here:  And  if  no  goods  or 
chattels  can  be  found,  or  not  sufficient  to  satisfy  tliis  execution,  you 
are  further  commanded  to  take  the  body  of  the  said  A.  B.,  and  co»- 
vey  him  to  the  common  jail  of  the  said  county,  there  to  remain  untii 
this  execution  shall  be  satisfied  and  paid.] 

Witness  my  hand,  tlie  day  of  ,  18     . 

G.  H.,  Justice  of  the  Peace. 

Damages,        ....  ^ 

Costs,        .....        

Judgment,        ....  

Poundage,  '  ;  ■  •        

Amount,       .         .-.  .  .9 


S60  KEW  clerk's  assistant. 

§  646.  Renewal  of  Execution. 
The  witliiii  execution  is  hereby  renewed,  [If  necessary,  add:  for 
Uie  sum  of  dollars,  with  interest  from  this  date.] 

Dated  the  day  of  ,18 

G.  H.,  Justice. 


§  647.   Complaint  to  obtain  Surety  of  the  Peace. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,  that  on  the 
day  of  >  18     ,  one  C.  D.,  of  the  town  of  ,  in  said 

county,  did  threaten  to  beat  and  wound  [or,  kill,  or  as  the  case  may 
be,'\  him,  the  said  A.  B. ;  and  that  he  hath  just  cause  to  fear  that  the 
said  C.  D.  will  beat  and  wound  [or,  kill, as  the  case  may  be]  him,  the 
said  A.  B.  ;*  wherefore  this  deponent  prays  that  the  said  offender 
may  be  bound  by  recognizance,  to  answer  the  said  offence  at  the  next 
Court  of  Sessions  to  be  held  in  the  said  county,  and  in  the  mean- 
while to  keep  the  peace.  A.  B. 

Sworn,  &c.,  [as  in  §  594.] 


•\ss: 


§  648.  Peace  Warrant. 

Town  of 

County, 
To  any  Constable  of  the  said  County,  greeting: 

Whereas,  A.  B.  hath  this  day  made  complaint,  upon  oath,  before 
me,  G.  H.,  one  of  the  Justices  of  the  Peace  of  the  said  town,  that  on 
the  day  of  ,  18     ,  one  C.  D.,  of,  &c.,  [as  in  §  647 

to  the  *,  and  then  add:]  and  the  said  A.  B.  hath  thereupon  prayed 
surety  of  the  Peace :  Therefore,  the  people  of  the  State  of  New  York 
command  you  forthwith  to  apprehend  the  said  C.  D.,  and  bring  hira 
before  me,  at  my  office  in  said  town  of  ,  to  be  dealt  with 

according  to  law. 

Witness  my  hand,  this  day  of  ,  18     . 

G.  H.,  Justice  of  the  Peace. 


§  649.   Commitment  on  Foregoing  Complaint.^ 

County,  ss: 
To  any  Constable  of  the  said  County,  greeting : 

Whereas,  A.  B.  this  day  made  comphiint  to  me  in  writing,  on  oath, 
that  C.  D.,  on  the  day  of  instant,  [or,  lost  past,] 

*  For  form  of  recognizance,  see  i  70& 


justices'  courts.  861 

threatened  to,  <fec.,  [as  in  the  complaint  •]  And  whereas,  it  appearing 
to  me,  upon  the  examination  of  the  said  complainant,  and  E.  F.,  and 
0.  P.,  -witnesses,  duly  made  on  oath,  reduced  to  writing,  and  sub- 
Bcribed  by  them,  that  there  was  just  reason  to  fear  the  commission  of 
the  said  offence  by  the  said  C.  D. ;  and  he  being  brought  before  me 
on  my  warrant,  was  requii-ed  to  enter  into  recognizance  in  the  sum  of 
dollars,  with  sufficient  surety,  to  appear  at  the  next  Court 
of  Sessions  to  be  held  in  the  said  county,  and  not  to  depart  the  same 
without  leave,  and  in  the  meantime  to  keep  the  Peace  towards  the 
people  of  this  State,  and  particularly  towards  the  said  complainant. 
And  the  said  C.  D.  hanng  refused  [or,  neglected,]  to  find  such  secu- 
rity, you  are  therefore  commanded,  in  the  name  of  the  People  of 
the  State  of  New  York,  forthwith  to  convey  him  to  the  common  jail 
of  the  said  county,  and  to  dehver  him  to  the  keeper  thereof,  who  is 
hereby  required  to  receive  the  said  C.  D.  into  his  custody,  and  hina 
safely  keep  in  the  said  jail,  until  he  shall  fiind  such  security,  or  be 
discharged  by  due  course  of  law. 
Witness,  &c.,  [as  in  §  648.] 


§  650.    Warrant  to  discharge  Prisoner  on  Finding  Security. 

County,  ss : 
G.  H.  and  S.  T.,  Esqrs.,  two  of  the  Justices  of  the  Peace  of  the  said 
County,  to  the  Keeper  of  the  Common  Jail  of  the  said  County, 
greeting : 
These  are  to  command  you  forth^Aith  to  discharge  out  of  your  cus- 
tody C.  D.,  if  detained  by  you  in  said  common  jail,  for  no  other  cause 
than  what  is  specified  in  his  warrant  of  commitment,  made  by  the 
said  G.  H..  dated  the  day  of  ,  18     ,  for  not  finding 

sureties  of  the  Peace ;  he  having,  since  his  said  commitment,  foimd 
such  sureties  before  us. 

Given  under  our  our  hands  and  seals,  this         day  of         ,18 

G.  H.,  Justice,  [l.  s.j 
S.  T.,  Justice,  [l.  s.] 


§  651.   Complaint  for  Assault  and  Battery. 

County,  ss: 

Al.  B.,  of  said  county,  being  duly  sworn,  says,  that  on  the 
day  of  ,  18       ,  one  C.  D.  did  violently  assault  and  heat 

him,  the  said  A.  B.,  at  the  town  of  ,  in  said  county ;  wh'^re- 

fore  this  deponent  prays  that  the  said  oflfender  may  be  dealt  with  ac- 
•ording  to  law.  A.  B. 

Sworn,  &c.,  [as  in  §  594.] 


362  »Bw  clerk's  assistant. 

§  652.  Assault  and  Battery  War  rani. 

Town  of  , )      . 

County,  \ 
To  any  Constable  of  the  said  County,  greeting: 

Whereas  A.  B.  hath  this  day  made  comphunt,  upon  oath,  befoi-e 
me,  G.  H.,  one  of  the  Justices  of  the  Peace  of  the  said  town,  that  on 
the  day  of  ,  18     ,  at  the  town  of  ,  in  said 

county,  one  C.  D.  did  violently  assault  and  beat  liim,  the  said  A.  B. : 
Therefore,  the  People  of  the  State  of  New  York  command  you  forth- 
with to  apprehend  the  said  C.  D.,  and  bring  him  before  me,  at  my 
office  in  the  said  town  of  ,  [or,  ^'  the  offence  be  committed 

in  another  toivn,  say:  take  him  before  S.  T.,  Esq.,  or  any  other  magi- 
strate resident  and  being  in  the  town  of  ,  aforesaid,]  to  be 
dealt  with  according  to  law. 

Witness,  &c.,  [as  in  §  648.] 


§  653.   General  Form  of  Warrant. 

County,  ss: 
To  any  Constable  of  the  said  county,  greeting: 

Whereas,  A.  B.  has  made  complaint,  upon  oath,  before  me,  G.  H., 
one  of  the  Justices  of  the  Peace  of  the  said  county,  on  this  day 

of  ,  18     ,  that,  (fee,  \state  the  a  fence,  as  in  the  complaint. 'l 

Therefore,  the  People  of  the  State  of  'New  York  command  you  forth- 
with to  apprehend  the  said  C.  D.,  and  bring  liim  before  me,  at  my 
office,  in  the  town  of  ,  in  said  county,  \or,  change  the  form 

as  ill  §  652,  if  the  offence  was  committed  in  another  totvn,  and  is 
triable  before  a  Court  of  Special  Sessions,^  to  be  dealt  with  accord- 
ing to  law. 

Witness,  &c.,  [as  in  §  648.] 


§  654.    C omplaint  for  Grand  or  Petit  Larceny. 

County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,  that  certain  personal 
property  of  the  said   A.  B.,  [or,  as  the  case  may  be,"]   to  wit:  [de- 
scribe property i\  of  the  value  of  dollars,  or  upwards,  wsis 
stolen  and  feloniously  taken  from  his  dwelling  house  in  the  town  of 

,  in  said  county,  on  the  day  of  ,18        ; 

and  that  this  deponent  suspects  that  C.  D.  has  stolen  and  taken  the 
same,  as  aforesaid;*  wherefore  he  pays  process  to  apprehend  the  said 
offender.  A.  B. 

Sworn,  (fee,  [as  in  §  594.] 


justices'  courts. 


868 


§  655.    Warrant  for  Larceny. 
County,  ss: 
To  any  Constable  of  the  said  County,  greeting: 

Whereas,  A.  D.  has  made  comphiint,  upon  oath,  before  me,  G.  H., 
one  of  the  Justices  of  the  Peace  of  the  said  county,  that  on  the 
day  of  ,  18       ,  certain  personal  property  of  the  said 

A.  B.,  to  wit:  [describe  pj-opert'j  as  in  the  corn-plaint,^  of  the  value 
of  dollars,  or  upwards,  was  stolen  and  feloniously  taken  from 

his  dwelling  house  in  the  town  of  ,  in  said  county ;  and  that 

he  suspects  that  C.  D.  did  steal  and  take  the  same  as  aforesaid:* 
Therefore,  &c.,  [as  in  §  652,  to  the  end^ 


§  656.   Complaint  for  Murder? 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  M.  P.  was  feloniously,  wilfully,  and  of  malice  afore- 
thought, killed  and  murdered :  and  that  tliis  deponent  has  just  cause 
to  suspect,  and  does  suspect,  that  the  said  murder  was  committed  by 
R.  D.,  [or,  by  a  man  [describe  his  person,^  but  Avhose  name  is  im- 
known  to  the  deponent] 

Sworn,  (fee,  [as  in  §  594.] 


§  657.  Complaint  for  Murder  by  Poisoning. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  M.  P.  died ;  and  that  this  deponent  has  just  cause 
to  suspect,  and  does  suspect,  that  on  the  day  of  ,  afore- 

said, one  R.  D.  did  feloniously,  wilfully,  and  of  malice  aforethought, 
administer  to  the  said  M.  P.  a  certain  deadly  poison,  called  arsenic, 
by  reason  whereof  the  said  M.  P.  languished  a  short  time  and  then 
died. 

Sworn,  (fee,  [as  in  §  594.] 


1  The  forms  of  warrants  to  accompany  the 
complnim<!  lor  murder,  ami  the  sutjseeiiient 
forms  In  §  705:  are  not  given,  for  the  reason 
that  no  (titticuliy  can  be  experienced  in  pre- 
paring them  from  ^§  64S,  6'y2,  653,  and  655. 
11  in  only  necessary  to  insert  in  the  general 


form  (§  653)the  precise  langaiifte  of  the  com- 
plaint,  comm»nciug  ai  the  word  "that,"  after 
the  *  in  each  form,  and  concluding  wiih  tha 
command  to  aircst,  as  in  §  frl8.  Where  tha 
word  "deponent"  occurs,  the  name  of  tha 
individual  should  be  inserted  iu  full. 


864  NBW  clekk's  assistakt. 

§  658.  Complaint  for  Murder  by  Stabbing. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R.  D.  did,  in  the  presence  of  this  deponent  and  other 
witnesses,  feloniously,  Avilfully,  and  of  malice  aforethought,  stab  ona 
M.  P.,  with  a  butcher's  knife,  and  give  him  several  mortal  wounds,  of 
which  the  said  M.  P.,  died  immediately,  [or,  languished  a  short  time 
and  then  died.] 

Sworn,  &c.,  [as  in  §  594.] 


§  659.   Complaint  for  Murder  by  Shooting. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  feloniously,  wilfully,  and  of  malice  afore- 
thought, tire  and  discharge  a  gun,  [or,  pistol,]  loaded  with  powder 
and  ball,  at  one  M.  P.,  and  give  hira  one  [or,  several]  mortal  wound, 
{or,  wounds,]  of  which  the  said  M.  P.,  &c.,  [as  in  §  658,  to  the  end^ 


§  660.   Complo.intfor  Murder  by  Cutting  Throai. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.,  feloniously,  wilfully,  and  of  malice  afore- 
thought, \n\\\  a  bowie  knife,  made  an  assault  upon,  and  did  strike  and 
cut  the  throat  of  M.  P.  therewith,  and  did  give  him  one  mortal  wound 
thereon,  of  which  the  said  M.  P.,  &c.,  [as  in  §  658,  to  the  end.^ 


§  661.   Complaint  against  Accessory  After  the  Fact. 

County,  ss: 
A.  B.,  of  said  county,  &c.,   [as  in  either  of  the  preceding  com,' 
plaints  for  murder,  to  the  end,  and  then  ac?c/;]  And  that  afterwards, 
to  wit,  on  the  day  of  instant,  [or,  last  past,]  at  the 

town  of  ,  in  said  county,  one  R.  S.,  well  knowing  the  said 

R.  D.  to  have  done  and  committed  the  said  felony  and  murder,  did 
feloniously  and  wilfully  conceal  [or,  aid,  comfort  and  assist]  the  said 


justices'  courts.  865 

R  D.,  with  the  intent  and  in  order  that  the  said  R  D.  might  avoid, 
or  escape  from,  arrest,  [or,  trial;  or,  conviction  and  punishment,] 
for  tlie  said  felony  and  murder. 
Sworn,  &,c.,  [as  in  §  594.] 


§  662.   Complaint  for  Arson,  in  the  First  Degree. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  inetant,  [or,  last  past,]  in  the  night  time,  at  the  town 

of  ,  in  said  county,  one  R.  D.  did  unlawfully,  wilfully,  ma- 

liciously and  feloniously,  set  fire  to  and  burn  the  dwelhng  house  of 
one  M.  P.,  situate  in  said  town ;  there  being  at  the  same  time  som« 
human  being,  to  wit,  [mention  who^  in  the  said  dwelling  house. 
Sworn,  (fee,  [as  in  §  594.] 


§  663.   Complaint  for  Arson,  in  the  Second  Degree. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  (fee,  [as  in  §  602,  to  the  end,  substituting  "in 

the  day  time  "  for  "  in  the  night  time ;  "  or,  say,  at  the  town  of  , 
in  said  county,  in  the  night  time,  one  R  D.  did  unlawfully,  wilfully, 
maliciously  and  feloniously,  set  fire  to  and  burn  the  warehouse  of 
one  M.  P.,  situate  in  said  town ;  which  said  warehouse  was  adjoining 
to,  [or,  Avithin  the  curtilage  of,]  the  inhabited  dwelling  house  of  the 
said  M.  P.,  whereby  the  s;iid  dwelling  house  was  endangered-J 

Sworn,  tfec,  [as  in  §  594.] 


§  664.   Complaint  for  Arson,  in  the  Third  Degree. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  at  the  town  of  ,  in  said  county,  in 

the  day  time,  one  R  D.  did  wilfully,  maliciously  and  feloniously,  set 
fire  to  and  burn  the  warehouse,  &c.,  [as  in  §  6G3,  to  the  end; 
or,  in  the  night  time,  one  R  D.  did  unlawfully,  wilfully,  maliciously 
and  feloniously,  set  fire  to  and  burn  a  cerUiin  school  house,  situate  in 
school  district  number  ,  in  said  town.] 

Sworn,  (fee.,  [as  in  §  594.] 


866  TSTEW  clerk's  assistant. 

§  665.  Complaint  for  Setting  Fire  to  a  Crop  of  Grain  Qrowing. 
County,  ss : 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  unlawfully,  AvilfuUy,  maliciously  and  felo- 
niously, set  fire  to  and  burn  a  certain  crop  of  barley  then  growin'* 
in  the  field  of  the  said  A.  B.,  situate  in  said  town. 
Sworn,  &c.,  [as  in  §  594,] 


§  666.   Complaint  for  Manslaughter,  in  Killing  Another  with  an 

Axe. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  \or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  wilfully  and  feloniously  strike  one  M.  P., 
with  an  axe,  then  in  the  hands  of  the  said  R.  D„  and  thereby  gave 
him,  the  said  M.  P.,  one  mortal  wound,  whereof  the  said  M.  P.  died 
immediately,  [or,  languished  a  short  time  and  then  died] 
Sworn,  &c.,  [as  in  §  594.] 


§  067.   Complaint  for  Manslaughter,  in  Killing  an   Unhorit  Child, 
hy  Kicking  its  Mother. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  wilfully  and  feloniously  kill  an  unborn 
quick  child,  of  which  one  E.  P.  was  then  and  there  pregnant,  by 
kicking  the  said  E.  P.,  with  intent  to  kill  her,  the  said  E.  P.,  or  the 
said  unborn  quick  child. 

Sworn,  (fee,  [as  in  §  594.] 


§  668.    Complaint  for  Manslaughter,  in  Killing  an    Unlorn  Child, 

hy  Administering  Drugs,  etc.,  to  the  Mother. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn  says,^  that  on  the 

day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  wilfully  and  feloniously  administer  to  one 

E.  P.,  who  was  then  and  there  pregnant  with  a  (^uick  cliild,  a  certain 

medicine,  diug,  or  substance,  called  "savin,"  [or,  use  or  employ  a 


justices'  courts.  367 

certain  instrument,  called  a  "forceps,"]  witli  intent  thereby  to  des- 
troy such  unborn  quick  cliild :  whereof  the  said  unborn  quick  child 
died  immediately,  [or,  languished  a  short  time,  and  then  died.] 
Sworn,  (fee,  [as  in  §  594.] 


§  669.    Complaint  for  Rape. 
County,  ss: 
A.  B.,  of  said  coimty,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  violently  and  feloniously  make  an  assault 
upon  the  body  of  the  said  A.  B.  [or,  of  one  E.  P.]  and  her,  the  said 
A.  B.,  [or,  E.  P.,]  against  her  will  did  then  and  there  ravish  and  car- 
nally know. 

Sworn,  &c.,  [as  in  §  594.] 


§  670.   Complaint  for  Majje,  on  Female  under  Ten  Years. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  feloniously  make  an  assault  on  C.  P.,  a 
female  child  under  the  age  of  ten  years,  and  her,  the  said  C.  P.,  then 
and  there  wickedly,  unlawfully  and  feloniously, did  carnally  know. 
Sworn,  ifec,  [as  in  §  594.] 


§  671.   Complaint  for  Assault,  with  Intent  to  Commit  a  Rape. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R.  D.  did  feloniously  make  an  assault  on  one  E.  P.,  with 
intent  her,  the  said  E.  P.,  against  her  will,  then  and  there  feloniously 
to  ravish  and  carnally  know. 

SAvorn,  (fee,  [as  in  §  594.] 


§  672.   Complaint  for  Forcible  Abduction  of  a  Woman,  with  intent 
to  Compel  her  to  Marry,  or  Prostitute  Herself. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 


•368  NEW  clerk's  assistant. 

said  county,  one  R.  D.  did  make  an  assault  upon  her,  the  said  A.  B., 
[or  one  E.  P.,]  and  did  then  and  there  unlawfully,  feloniously,  and 
against  her  will,  take  her,  the  said  A.  B.,  [or,  take  the  said  E.  P.,] 
with  the  intent  to  compel  her  by  force  [or,  menaces ;  or,  duress]  to 
marry  him,  the  said  R.  D.,  [or,  one  L.  M. ;  or,  with  the  intent  that 
she  should  be  defiled.] 

Sworn,  «fec.,  [as  in  §  594.] 


§  673.    Complaint  for  taking  Female  wider  Fourteen  Years  of  Agi 
from  Her  Parent,  or  Guardian. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R.  D.  did  unlawfully  and  feloniously  take  away  one  M. 
B.,  a  female  infant  under  the  age  of  fourteen  years,  from  the  said 
A.  B.,  her  father,  [or,  guardian,  duly  appointed,  and  having  the'legal 
charge  of  her  person,]  without  his  consent,  for  the  purpose  of  pros- 
titution, [or,  concubinage;  or,  marriage.] 

Sworn,  &c.,  [as  in  §  594.] 


§  674.   Complaint  for  Mayhem,  or  Maiming. 
County,  ss: 

A.  B.,  of  said  County  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.,  from  premeditated  design,  and  by  lying  in 
wait  for  the  purpose,  did  unlawfully  and  feloniously  assault  the  said 
A.  B.,  and  did  then  and  there  put  out  one  of  the  said  A.  B.'s  eyes, 
[or,  one  R.  D.  did  unlawfully,  violently,  maliciously  and  feloniously, 
assault  the  said  A.  B.,  with  intent  to  kill  [or,  rob]  Iiim,  and  did  then 
and  there  slit  the  nose  of  the  said  A  B.] 

Sworn,  &c.,  [as  in  §  594.] 


§  675.   Complaint  for  Child  Stealing. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,  at  the  town  of  ,  in  said 

tounty,  one  R.  D.,  did  feloniously,  maliciously  and  forcibly,  [ro,  fraudu- 


justices'  courts.  SCO 

Icntly,  if  no  force  was  used,']  t;ike,  [or,  lead,]  and  cany  away;  [or, 
decoy;  or,  entice  away;]  one  R.  B.,  the  child  of  the  said  A.  B.,  and 
under  the  age  of  twelve  years,  with  intent  to  detain  and  conceal  the 
said  child  from  the  said  A.  B. 
Sworn,  (fee,  [asm  §  594.] 


§  67G.     Complaint  for  Abandoning  Child, 
County,  ss 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past]  at  the  town  of  ,  in  said 

county,  one  R.  D.  did   foloniousjy  expose  and  leave  a  certain  cliild, 
named  E.  D.,  under  the  age  of  years,  of  M'hich  cliild  said  R. 

D.  w;is  tlie  father,  [or,  which  child  had  been  coniided  to  the  care  of 
the  said  R.  D.,]  with  intent  wholly  to  abandon  the  said  cluld. 
Sworn,  ifec,  [as  in  §  594.] 


§  077.    Complaint  for  Shooting  at,  of  Attempting  to  Shoot  at,  with 
Intent  to  Kill,  Rob,  or  Maim. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  saj-s,''"-  that  on  the 
day  of  inst;uit,  [or.  Lust  past,]  at  the  town  of  ,  in  said 

count)',  one  R.  D.  did  feloniously  shoot  at  him,  the  s;iid  A.  B.,  with 
a  certiiin  gun,  loaded  with  gunpowder  and  lead,  with  intent  to  kill 
hira,  the  said  A.  B.,  [or,  did  feloniously  present  and  level  at  the  said 
A.  B.,  a  pistol,  loaded  with  gunpowder  and  lead,  and  attempt,  by 
drawing  the  trigger  thereof,  to  discharge  the  same  at  the  said  A.  B., 
witli  intent  to  kill  [or,  rob ;  or,  maim]  liim,  the  said  A.  B.] 

Sworn,  «kc.,  [as  in  §  594.] 


§  G7S.   Complaint  for  Assault  with  Dcadhj  Weapon.,  with  Attempt 

to  Kill. 

County,  ss: 
A.  B.,  of  Scvid  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R.  D.  did  feloniously,  Avith  and   by  means  of  a  certain 
deadly  weapon,  to   wit,  an  axe,  then  in  his  hands,  make  an  assault 
U 


370  NEW  clerk's  assistant. 

ipon  the  said  A.  B.,  and  him,  the  said  A.  B.,  did  then  and  there,  "with 
the  said  deadly  weapon,  beat  and  ill-treat,  with  intent  to  kill  hira,  the 
said  A.  B. ;  [or,  did,  with  and  by  means  of  his  hands,  feet  and  fists, 
and  by  such  force  as  was  likely  to  produce  death,  feloniously  assault 
and  beat  the  said  A.  B.,  with  intent,  tfec,  as  above.l^ 
Sworn,  ike,  [as  in  §  594.] 


§  679.    Complaint  for  Poisoning  Food. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past]  at  the  town  of  ,  in  sfud 

county,  one  R.  D.,  with  intent  to  injure  and  kill  one  M.  B.,  and  divers 
other  persons,  did  maliciously  and  feloniously  mingle  a  certain  poison 
called  arsenic,  with  certain  food,  [or,  drink ;  or,  medicine,]  in  order 
that  the  same  might  be  taken  by  the  said  M.  B.,  and  other  persons. 
Sworn,  &c.,  [as  in  §  594,] 


§  680.    Complaint  for  Poisoning  Well 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R.  D.,  with  intent  to  injure  and  kill  one  M.  B.,  and  one 
or  more  of  the  members  of  his  family,  and  divers  other  persons,  did 
maliciously  and  feloniously  mingle  a  certain  poison,  called  arsenic, 
with  the  waters  of  the  Avell  belonging  to  the  said  M.  B.,  and  situate 
near  his  dwelling  house,  to  which  the  said  M.  B.,  and  the  niembers 
of  his  family,  and  divers  other  persons  of  the  said  town,  were  used 
to  resort  for  the  purpose  of  obtiiining  water  for  drinking  and  culinary 
purposes,  in  order  that  the  said  poison,  so  mingled  with  the  waters 
aforesaid,  might  be  taken  by  the  said  M.  B.,  and  one  or  more  of  the 
members  of  his  family,  and  divers  other  persons. 

Sworn,  &c.,  [as  in  §  594.] 


§  681.   Complaint  for  Assault,  with  Intent  to  Hob,  or  Commit 
Burglary. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 


justices'  courts.  871 

county,  one  R.  D.  did  feloniously  make  an  assault  upon  the  said  A. 
B.,  with  intent  to  commit  robbery  upon  the  said  A.  B.,  by  feloniously 
taking  the  money  of  tlie  said  A.  B.  from  his  person,  by  violence 
thereto,  and  against  his  will ;  [01;  Avith  intent  to  commit  burglary  in 
the  dwelling  house  of  the  said  A.  B.,  situate  in  the  town  of  ^ 

Sworn,  iSiC,  [os  in  §  594.] 


§  682.    Com2jlaint  for  Burglary. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  swom,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R  D.  did  feloniously  and  burglariously  break  and  enter 
the  dwelling  house  of  the  said  A.  B.,  situate  in  the  said  town,  by  pick- 
ing the  lock  of  the  outer  door  thereof;  \or,  hy  breaking  the  fasten- 
ing of  one  of  the  window  shutters  thereof;  or,  by  unlocking  the 
outer  door  thereof,  by  means  of  false  keys,]  with  intent  to  steal,  take 
and  carry  away,  from  said  dwelling  house,  divers  goods  and  chattels 
therein,  belonging  to  the  said  A.  B. ;  the  wife  and  family  of  the 
said  A.  B.  being  at  the  time  in  said  dwelhng  house ;  \or,  with  intent 
to  rob  the  said  A.  B.  of  his  goods  and  chattels,  in  his  presence  and 
against  his  Avill,  by  force  and  A-iolence  to  his  person,  he,  the  said  R 
D.,  being  at  the  time  ai-med  Avith  a  dangerous  weapon,  to  Avit,  Avith 
a  pistol;  and  the  said  A.  B.,  and  his  family,  being  in  the  said  dwell- 
bg  house.] 

Sworn,  <i:c.,  \as  in  §  594.] 


in 


§  683.    Complaint  for  Felony  and  Burglarv  in  Shop. 

County,  ss : 

A.  B.  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of 

said  county,  one  R.  D.  did  feloniously  and  biu-glariously  break  and 
enter  the  shop  of  the  said  A.  B.  by  [describe  the  ivanner,^^  being 
Avithin  the  curtilage  of  the  dAvelhng  house  of  the  said  A.  B.,  ther^ 
situate,  but  not  forming  part  thereof,  (tc,  [as  in  §  082  to  the  end, 
omitting  the  allegation  in  regard  to  the  family  being  2^rescnt.'] 

Sworn,  <kc.,  [as  in  §  594.] 


§  684.    Complaint  for  Burglary  in  entering  Store. 
County,  ss : 
A.  B.,  of  Scvid  county,  being  duly  SAVom,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  toAvn  of  ,  n*,- 


372  KEW    CLERK  S   ASSISTANT. 

said  County,  one  R.  D.  did  feloniously  and  burglariously  break  and 
enter  the  store  of  the  said  A.  B.,  there  situate,  by  [describe  the  man- 
ner,!^ in  which  goods  and  merchandise  were  then  kept  for  sale,  with 
intent  feloniously  to  steal,  take  and  carry  away,  the  goods  and  chattels 
of  the  said  A.  B.  therein,  to  Avit,  the  goods  and  merchandise  afore- 
said, or  some  part  or  portion  thereof. 
Sworn,  &c,,  [as  in  §  594.] 


§  G85.    Complaint  for  Constructive  Burglary. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  \or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  feloniously  and  burglariously  break  and 
enter  the  dwelling  house  of  the  said  A.  B.,  situate  in  said  town,  by 
knocking  at  the  outer  door  thereof,  and  demanding  to  speak  with 
the  siiid  A.  B.,  and,  upon  the  said  A.  B.  opening  the  door  for  that 
purpose,  rushing  and  entering  into  the  said  dwelling  house,  with  in- 
tent to  lob  the  said  A.  B.  of  his  goods  and  chattels,  in  his  presence 
^nd  against  his  will,  by  force  and  violence  to  his  person ;  the  said  A. 
]3.  and  his  family  being  at  the  time  in  said  dwelling  house. 

Sworn,  (ic,  [as  in  §  594.] 


§  C8G.    Complaint  for  Forgery. 

County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  Ciiuiity,  one  R.  D.  djd  falsely  and  feloniously  forge  and  counter- 
feit [or,  alter,]  a  certain  paper  writing,  being,  or  purporting  to  be,  a 
•will  [or,  deed,]  by  which  a  right  or  interest  in  real  or  personal  pro- 
jperty  Avas,  or  purported  to  be,  transferred,  with  intent  to  defraud  the 
said  A.  B.,  [or,  a  certain  paper  Avriting,  purporting  to  be  a  ceriificatc 
.^f  the  acknowledgment  of  the  execution  of  a  ceitiiin  deed  or  convey- 
.9,uce  from  the  said  A.  B.  to  S,  T.,  of  certain  lands  situate  in  said 
«Qunty,  before  one  G.  H.,  a  Justice  of  the  Peace;  which  said  deed 
iQsr,  cdnveyanee  was  of  a  nature,  or  proper,  to  be  recorded  according  to 
law,  with  intent  to  defraud  the  said  A.  B.;  or,  did  falsely  and  felo- 
niously make,  forge  and  coimterfeit,  a  ccrUun  promissory  note,  piu-- 
pp^rting  tobe  the  promissory  note  of  the  smd  A.  B.,  for  tlie  payment 
of  dollars  to  C.  D.,  tlm-ty  diiys  after  dute,  witli  intent  to  de- 

fraud the  snid  A.  B.] 
..Sworn,  tfec,  \iis  in  §  594.] 


JOSTICKS'    COURTS.  373 

§687.    Com2)laitii  for  Passing,  or  Offering  to  Pass,  Counlerfeit 
Bank  Notes. 

County,  ss: 

A.  B.,  of  said  County,  being  duly  sworn,  says,*  that  on  the 
day  of  instant^  [or,  list  past,]  at  the  town  of  ,  m 

said  county,  one  R.  D.  did  feloniously  sell  and  exchange,  \or,  offer 
to  sell  and  exchange,]  to  and  with  the  said  A.  B.,  for  a  valuable  con- 
sideration, to  wit,  the  sum  of  ten  dollars  in  silver  coin,  [or,  goods 
and  merchandise  of  the  value  of  ten  dollars,]  two  forged  and  coun- 
terfeit negotiable  notes,  commonly  called  bank  notes,  purporting  to 
be  the  promissory  notes  of,  and  to  have  been  issued  by,  the 
Bank,  for  the  payment  of  the  sum  of  hve  dollars  each ;  he,  the  said 
II.  D.,  well  knowing  the  said  bank  notes  to  be  forged  and  counter- 
feited, and  with  the  intent  to  deceive  and  defraud  the  said  A.  B. 

Sworn,  (fee,  [as  in  §  594.] 


§  688.    Complaint  for  Altering  or  Counterfeiting  Bank  Notes. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  coiinty,  one  R.  D.  did  feloniously  counterfeit,  [or,  counterfeit 
and  alter,]  a  certain  bank  or  promissory  note,  purportingno  be  the 
promissoiy  note  of,  and  to  be  issued  by  the  Bank,  for  the 

nayment  of  the  sum  of  ten  dollars,  [if  the  charge  is  for  altering  a 
*iote,  insert  here:  in  such  a  manner  as  to  make  the  same  resemble 
9nd  purport  to  be  a  bank  or  promissory  note  for  the  payment  of  the 
sum  of  one  liundred  dollars,]  with  intent  to  defraud  the  said  bank,  or 
some  person  or  persons,  or  body  politic  or  corporate,  to  this  deponent 
unknown. 

Sworn,  (fee,  [25  in  §  594.] 


§  689.    Complaint  for    Obtaining  Property  Ig  a  False   Token,  or 
hg  Falsclg  Personating  Another. 

County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the'  town  of  ,    in 

said  county,  one  R.  D.  did  designedly,  falsely,  and  feloniously,  by 
color  of  a  certam  false  token  or  writing,  [or,  counterfeit  letter,"]  ob- 
tain from  the  said  A.  B.,  certain  goods  "and  chattels,  of  the  value  of 
dollars,  to  wit :  [describe  the  property;']  [or,  did  falsely 


87i  NEW  cleuk's  assistant. 

and  feloniously  personate  and  represent  himself  to  be  one  C.  D.,  and 
did  then  and  there,  and  in  such  assumed  name  and  character,  obtaii^ 
a  certain  horse  of  the  value  of  dollars,  intended  to  be  deliv- 

ered to  the  said  C.  D.] 

Sworn,  &c.,  [as  in  §  594.] 


§  690.    Complaint  for  Obtaining  Money,  or  Property,  by  False 

Pretences. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 

day  of  instant,  \or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  designedly  and  feloniously,  and  by  the 

false  pretence  that  he,  the  said  R.  D.,  was  sent  and  authorized  by 

one  C.  D.,  [or,  that  he  owned  a  farm,  containing  one  hundred  acres, 

or  thereabouts,  situate  in  the  town  of  ,  in  said  county,  free 

of  all  incumbrances;  or,  that  he  was  worth  dollars,  after  the 

payment  of  all  liis  debts  and  liabilities ;  or,  that  he  owned  and  was 

possessed  of  personal  property  to  the  value  of  dollars,  and 

was  not  a  householder,  or  man  of  family,  whereby  the  same  would 

be  exempt  from  execution  against  him;  or,  that  he  was  entirely  free 

and  clear  from  all  debts  and  liabilities,  of  every  name  and  descnp- 

tion,]  demand  and  receive  [or,  obtain  on  credit,]  from   the  said  A. 

B^  a  large  sum  of  money,  to  wit,  the  sum  of  dollars,  [or, 

goods  and  merchandise  of  the  value  of  dollars,]  with  the 

intent  to  cheat  and  defraud  the  said  A.  B. 

Sworn,  (kc,  [as  in  §  594.] 


§  691.    Complaint  for  Robbery. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  violently  and  feloniously  make  an  assault 
upon  him,  the   said  A.  13. ;  and,  by  putting  him,  the  said  A.   B.,  in 
bodily  fear  and  danger  of  his  life,  did  tlien  and  there  steal,  take  and 
carry  away,  &c.,  [Jescrlhe  property  taken.^ 
Sworn,  (kc,  [as  in  §  594.] 


§  692.    Complaint  for  Embezzlement. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
lay  of  instant,  [or^  last  past,]  at  the  town  of  ,  in  said 


justices'  courts.  S7ff 

county,  one  R  D.,  being  a  servant  [or,  clerk]  of  the  said  A.  B.,  and 
not  being  an  apprentice,  nor  "vvithin  the  age  of  eighteen  years, 
did  feloniously  embezzle,  and  convert  to  his  own  use,  without  the 
consent  of  the  said  A.  B.,  [describe  jpropertyi\  belonging  to  the 
Biiid  A.  B. 

Sworn,  (kc,  [as  in,  §  694.] 


§  693.   Complaint  for  Receiving  Stolen  Goods. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  feloniously  receive  or  buy,  of  one  0.  P., 
CTtaia  goods  and  chattels,  to  Avit:  [desa-ibe  the  projyertij,]  he  the 
said  K.  D.,  well  knowing  the  said  goods  and  chattels  to  have  been 
leloniously  stolen  and  taken  from  him,  the  said  A.  B. 

Sworn,  die,  [as  in  §  594.] 


§  694.    Complaint  for  Perjury. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  in  a  certain 

action  at  law,  tried  on  the  day  of  instant,  [or,  last  past,] 

at  the  town  of  ,  in  said  county,  before  H.  R.  F.,  Esq.,  one  of 

the  Justices  of  the  Peace  of  the  smd  county,  in  wliich  the  said  A. 

B.  was  plaintiff  and  one  C.  D.  defendant,  the  said  Justice  having 
jurisdiction  over  the  said  action,  and  full  power  and  authority  to  try 
the  same,  and  to  administer  oaths  to  all  Avitnesses  sworn  upon  such 
trial,  one  R.  D.  was  produced  as  a  witness  on  the  part  of  C.  D.,  the 
defendant  aforesjiid,  and  was  duly  sworn  to  speak  the  truth,  ifec, 
[follow  the  lanyuage  of  the  oath  administered:^  and  that  the  said 
K.  D.,  being  interrogated  as  such  witness,  whether  the  said  A.  V>.  was 
at  the  dwelling  liouse  of  the  said  C.  D.,  on  the  day  of 

,18  ,  which  inijuiry  was  material  and  pertinent  to  the 
issue  joined  in  the  action  aforesaid,  did  then  and  there,  to  wit,  at  the 
time  and  place  aforesaid,  falsely,  wilfully  and  corruptly,  depose  and 
swear,  that  the  said  A.  B.  was  at  the  dwelling  house  of  the  said  C. 
D.,  on  the  said  day  of  ,  18     ,  whereas,  in  truth 

and  in  fact,  the  said  A.  B.  was  not  at  the  dwelling  house  of  the  stiid 

C.  D.,  on  the  said  day  of  ,  18  ;  whereby  the  said 
R  D.  did  then  and  there,  to  wit,  at  the  time  and  place  aforesaid,  wil- 
fully and  corruptly  swear  falsely,  and  commit  wilful  and  corrupt 
Perjury. 

bworn,  ikc,  [as  in  §  594.] 


376  NEW  clerk'b  assistant. 

§  695.   Complaint  for  Biff  amy. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  tliat  on  tlie 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.,  being  then  married  to  M.  D.,  did  wilfully  and 
feloniously  marry  and  take  to  wife,  one  E.  B. ;  the  said  11.  D.  well 
knowing  that  his  said  former  wife,  M.  D.,  was  then  Hx'mg  and  in  full 
life. 

Sworn,  &c.,  [cw  in  §  594.] 


§  696.   Complaint  for  Marrying  the  Wife  of  Another. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  swora,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  knowingly,  unlawfully  and  feloniously, 
marry,  and  take  to  wife,  one  M.  R.,  she  being  then  mai'ried,  and  tho 
wife  of  R.  R. 

Sworn,  &c.,  [as  in  §  594.] 


§  697.    Complaint  for  Malicious  Mischief. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  wUfully  and  maliciously  administer  to  a 
certain  horse,  the  property  of  the  said  A.  B.,  a  certain  deadly  poison, 
called  arsenic,  by  mixing  the  same  with  the  food  of  the  said  horse. 
Sworn,  (kc,  [as  in  §  594.] 


§  698.   Complaint  for  Malicious  Trespass,  or  for  Girdling  Trees. 
Coimty,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  wilfully,  maliciously  and  imlawfully,  cut 
down  and  destroy  [or,  wilfully  and  maliciously  girdle,]  certain  grow- 
ing trees,  situate  on  the  land  of  the  said  A.  B.,  in  s;iid  town. 

Sworn,  (fee,  [as  in  §  594.] 


justices'  courts.  377 

§  C99.   Complaint  for  Procuring  Abortion. 

County,  ss: 

A.  B.,  of  said  count)^  being  duly  sworn,  says,*  lliat  on  Ihc 
day  of  instant,  [or,  last  past,]  at  tiie  town  of  ,  in 

said  county,  one  K.  D.  did  wilfully  and  unlawfully  adminiirter  a  cer- 
tain drug  called  "  savin,"  [or,  did  use  and  employ  a  certaia  instru- 
ment called  a  "  forceps,"]  on  the  body  of  E.  M.,  she  being  then 
pregnant,  with  intent  thereby  to  procure  the  miscarriage  of  the  said 
E.  M. 

Sworn,  <fec.,  [as  in  §  594.] 


§  700.   Complaint  for  Malcing  an  Affray. 

County,  ss : 

A.  B.  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did,  in  a  tumultuous  manner,  make  an  affray, 
wherein  one  R.  B.  was  assaulttd,  beat  and  abused,  by  the  said  R.  D., 
without  any  just  and  reasonable  cause. 

Sworn,  &c.,  [«s  in  §  594.] 


§  701.    Complaint  for  Cruelty  to  Animals. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  savoiti,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  one  R.  D.  did  cruelly  and  maliciously  kUl  [o?-,  maim;  or, 
beat  and  torture]  a  certain  bay  gelding  horse  belonging  to  him,  the 
said  R,  D.,  [or,  to  one  0.  D.] 

Sworn,  (itc,  [as  in  §  594.] 


§  702.   Complaint  for  a  Rout,  or  Riot. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in 

said  county,  R  D.,  D.  D.,  A.  D.,  (fee,  (fee,  did  unlawfully,  tumultu- 
ously  and  routously,  assemble  together,  to  the  manifest  terror  and 
disturbance  of  the  citizens  then  and  there  being,  Avith  ati  intent  mu- 
tually to  assist  each  other,  against  all  who  should  oppose  them,  in  the 
execution  of  a  certain  enterprise,  to  wit,  the  assault  and  beating  of 
one  T.  M.,  with  force  and  violence,  and  against  the  peace:  and  being 
80  assembled,  together  with  divers  other  persons  unknown,  they  did. 


3-78  NEW  clerk's  assistant. 

afterwards,  to  -wit,  on  the  day  and  at  the  place  aforesaid,  proceed  in 

a  noisy,  riotous  and  tumultuous  manner,  towards  the   house  of  the 
said  T.  M.,  in  order  to  assault  and  beat  him,  the  said  T.  M. ;  \if  the 
assault  ivas  comiulUed,  add:  and  did  then  and  there  violently  and 
maliciously  assault  and  beat  the  said  T.  M.] 
Sw^orn,  &c.,  [as  in  §  594.] 


§  703.   Complaint  for  Selling    Unwholesome  Food. 
County,  ss: 
A.  B.,  of  said  county,  being-  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R  D.  did  knowingly,  unlawfully  and  wickedly,  sell  to  one 
M.  B.,  a  quarter  of  lamb,  which  had  become  tainted  and  unwhole- 
some. 

Sworn,  &c.,  [as  in  §  594.] 


§  704.    Complaint  for  Disturbing  a  Religious  Meeting. 

County,  ss: 

A.  B.,  of  said  count)',  being  duly  sworn,  says,*  that  on  the 
day  of  instant,  [or,  last  past,]  at  the  town  of  ,  in  said 

county,  one  R.  D.  did  wilfully  and  unlawfully  disturb,  interrupt  and 
disquiet,  an  assemblage  of  people,  collected  for  the  purpose  of  re- 
lio'ious  worship,  by  loud  and  profane  discourse,  [or,  by  rude  and  riot- 
ous noises ;  or,  by  rude  and  indecent  behavior.] 

Sworn,  (kc,  [as  in  §  594.] 


§  705.  Complaint  to  Obtain  a  Search  Warrant. 

County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,  that  certain  personal 
property  of  the  said  A.  B.,  [or,  of  one  C.  D.,]  to  Avit:  [describe  the 
property;']  of  the  value  of  dollars,  or  upwards,  was  stolen 

and  ft^lonioxisly  taken  from  his  dwelling  house  in  the  town  of  , 

in  said  county,  on  the  day  of  instant,  [or,  last  past:]* 

and  that  this  deponent  suspects  that  R  D.  has  stolen  and  taken  the 
same  as  aforesiiid ;  and  that  the  said  property,  or  a  part  thereof,  is 
now  concealed  in  the  dwelling  house  of  the  said  C.  D.,  in  the  said 
county ;  wherefore  process  is  apphed  for  to  search  the  same. 

Sworn,  (fee,  [asm  8  594.] 

A.B, 


justices'  courts.  379 

§  706.    Search  Warrant. 
County,  ss: 
To  the  Sheriff  of  said  County,  or  to  any  Constable  of  the  Town  Ipr, 
City]  of  ,  in  said  County,  greeting: 

Whereas,  A.  B.  has  made  complaint,  upon  oath,  before  me,  J.  H. 
B.,  one  of  the  Justices  of  the  Peace  of  the  said  county,  that,  &c., 
[as  iti  §  705,  to  the  *,  and  then  add:]  and  that  he  suspects  that  R. 
D.  did  steal  and  take  the  same,  as  aforesaid ;  and  that  the  said  pro- 
perty, or  a  part  thereof,  is  now  concealed  in  the  dwelling  house  of 
the  said  R.  D.,  in  said  county :  Therefore,  the  people  of  the  State  of 
New  York  command  you  to  search  the  place  Avhere  the  said  property 
is  suspected  to  be  concealed,  in  the  day  time,  [or,  as  Avell  in  the  night 
time,  as  in  the  day  time,]  and  that  you  bring  the  same  before  me.  . 
Witness,  &c.,  [as  in  §  648.] 


§  707.  Oath  of  Complainant,  or  Witness  on  Complaint. 

You  do  swear  in  the  presence  of  Almighty  God,  that  you  will  true 
answers  make  to  sucli  questions  as  shall  be  put  to  you,  touching  this 
complaint  against  C.  D. 


§  708.  Recognizance  in  Justices^  Courts. 

State  of  l^Tew  York, 
County, 

We,  C.  D.  and  E.  R,  of  ,  in  said  county,  acknowledge 

ourselves  to  be  severally  indebted  to  the  people  of  the  State  of  New 
York ;  that  is  to  say :  the  said  C.  D.  in  the  sum  of  dollars, 

and  the  said  E.  F.  in  the  sum  of  dollars,  to  be  well  and 

truly  paid,  if  default  shall  be  made  in  the  condition  following : 

The  condition  of  this  recognizance  is  such,  that  if  the  said  C.  D. 
shall  personally  appear  at  the  next  Court  of  Oyer  and  Terminer,  [or. 
Court  of  Sessions,]  to  be  held  in  and  for  s;ud  county,*  then  and 
tliere  to  answer  to  a  complaint  against  him  for,  &c.,  [state  the  com- 
plaint,'] and  to  do  and  receive  what  shall,  by  the  court,  be  then  and ' 
there  enjoined  upon  him:  [if  the  recognizance  is  entered  into  by  a 
witness  and  sureti/,  sag:  then  and  tliere  to  give  evidence  on  the 
part  of  the  said  people  against  C.  D.,  charged  with,  &c.,  [as  the  of- 
fence may  he,]  as  well  to  the  gnmd  jury  as  to  the  petit  jury,]*  and 
shall  not  depart  the  court  without  leave ;]  [in  a  recognizance  on  a 
peace  warrant  insert  here:  and  in  the  meanwhile  shall  keep  the 
peace  towards  the  people  of  this  State,  and  particularly  towards  A. 


380  KEW  clbkk's  assistant. 

B.,  and  omit  all  that  part  of  the  form  hetween  the  two  *«,]  then  this 
rccownizance  to  be  void ;  otherwise  of  force. 

Taken,  subscribed,  and  ucknowledged,  )  C.  D.     [l.  s.] 

the  day  of  ,  18     ,  before  me,  )  E.  F.     [i*  s.* 

G.  H.,  Justice,  &c. 


§  V09.  Record  of  Conviction  at  Special  Sessions. 


State  of  New  York, 


;:l 


County,  '' 

Be  it  remembered,  that  at  a  Court  of  Special  Sessions,  held  b*" 
the  undersigned,  a  Justice  of  the  Peace  of  the  said  county,  tliis 
day  of  ,18       ,  at  his  office  in  the  town  of  ,  in 

said  county,  C.  D.  was  brought  before  the  said  court,  charged  on  the 
oath  of  A.  B.,  with  having,  on  the  day  of  ,18      ,  at 

the  town  of  ,  in  said  county,  (fee.  Instate  the  ojl'ence:]  which 

charge,  [or,  charges,]  being  stated  in  the  warrant  by  me  issued,  [or, 
issued  by  S.  T.,  Esq.,  one  of  the  Justices  of  the  Peace  of  the  said 
county,]  was  [or,  were]  distinctly  read  to  the  defendant  in  open 
court,  to  wliich  he  plead  not  guilty,  [or,  guilty :]  whereupon  such 
proceedings  were  had  in  the  said  court,  that  the  defendant  was  con- 
victed of  the  charge  [or,  charges]  above  specified,*  and  the  court 
rendered  judgment  thereon,  that  the  said  C.  D.,  (fee,  [as  the  judg- 
ment may  6e.] 

In  witness  whereof,  I  have  hereimto  subscribed  these  presents, 
the  day  of  ,  18      . 

G.  H.,  Justice  of  the  Peace. 


State  of  New  York,  , 
County 


710.   Commitment  from  Special  Sessions. 

:l 

To  any  Constable  of  the  said  County,  greeting: 

At  a  Court  of  Special  Sessions,  duly  held  by  the  undersigned,  (fee, 
[as  ill  §  709,  to  the  *,  and  then  add  .•]  and  the  court  having  rendered 
judgment  thereon,  tliat  the  said  C.  D.,  (fee,  [as  the  judgment  may 
ie;]  Therefore  the  people  of  the  State  of  New  York  command  you 
to  convey  the  said  C.  D.  to  the  common  jail  of  the  said  county,  the 
keeper  wliereof  is  hereby  required  to  keep  liim  in  safe  custody  in  the 
said  jai!,  lintil  the  judgment  so  rendered  be  satisfied,  or  he  be  dis- 
charged by  due  course  of  law. 

Witness,  (fee.,  [as  in  §  648.] 


CHAPTER    XXVI. 
LANDLOED  AND  TENANT. 

PRACTICAL    REMARKS. 

1.  The  relation  of  landlord  and  tenant  exists,  -wlierever  there  is  a 
contract  for  the  possession  and  profits  of  lands  or  tenements,  on  ono 
side;  and  a  recompense,  by  payment  of  rent,  or  some  reciprocal  con- 
sideration, on  the  other.  The  contract  is  called  a  lease,  or  demise, 
and  may  be  for  life,  for  a  term  of  years,  or  at  tlie  \vill  of  one  of  the 
parties.  If  the  lessee,  or  tenant,  parts  with  any  portion  of  the  term, 
the  contract  assigning  such  portion  is  called  an  imderlease.* 

2.  The  law  -will  imply  a  tenancy,  from  the  mere  occupation  of  pre- 
mises, pending  the  execution  of  a  lease;  or  an  occupation  and 
payment  of  rent  under  an  invalid  agreement;  or  where  a  tenant  for 
years  holds  over  after  the  expiration  of  his  term,  with  the  landlord's 
consent;  or  from  the  mere  payment  of  rent,  where  it  bears  any 
reasonable  proportion  to  the  value  of  the  premises.  And  where  the 
tenant  continues  in  possession  for  two  weeks  after  the  expiration  of 
his  term,  though  allcdi>ing  that  he  does  not  intend  to  remfiin.  the 
landlord  may  regard  liim  jis  a  tenant  for  another  year,  if  he  thinks 
proper  to  do  so.^ 

3.  A  bargmu  for  rooms  in  a  boarding-house  is  not  a  lease.' 

4.  Leases  for  a  year,  or  any  less  time,  may  be  made  by  a  verbal 
agre--'nient ;  in  all  other  cases,  they  must  be  in  writing,  and  if  for  life, 
executed  under  seal,  and  in  the  presence  of  a  witness.* 

5.  A  covenant  to  pay  rent,  founded  upon  a  Ie?ise  for  five  3-ears, 
not  reduced  to  w  riting,  is  void  for  want  of  consideration.' 

G.  A  leiise  of  thi-ee  years,  or  for  any  longer  peiiod,  must  be 
recorded  in  the  county  where  the  premises  are  situated,  in  the  same 
manner  as  conveyances  of  re<d  estate;  otherwise  it  is  void  :is  against 


'  7  Cowcn,  JX,.  I     4  2  R.  S.  {;i  .1  cd.)  22,  5  137  ;  Til  104,  ?  8 :  19 

«  4  Ci.weii,  3.>i,  473;  1  Dcuio,    113.  W.ii.lcll.  Af,:,  ■  ui  IJ.,  4112  ;  10  Pai-'e.aW,  537. 

»  1  l>euio,    6Ui  1      »  7  Hill,  SJ. 


382 


KEW  clerk's   assistant. 


a  subsequent  purchaser  in  good  faith,  and  for  a  valuable  consideration. 
Leases  for  life  or  lives,  or  for  years,  in  the  counties  of  Albany,  Ulster, 
Sullivan,  Herkimer,  Dutchess,  Columbia,  Delaware  and  Schenectady, 
in  the  State  of  New  York,  need  not  be  recorded.' 

7.  In  South  Carolina,  a  conveyance  of  an  estate  in  land  for  life,  or 
lives,  must  be  in  writinp-,  sig-ned,  sealed  and  delivered.  In  Viroinia 
and  Kentucky,  th-e  same  rule  prevails  as  to  all  estates  or  interests  in 
land  exceeding-  a  terra  of  iive  years;  and  in  Rhode  Island  and  Ver- 
mont, as  to  all  estates  exceeding  a  term  of  one  year.  In  Louisiana, 
all  conveyances  of  land  must  be  in  writing,  and  registered  in  the 
offioe  of  a  notary.'^ 

8.  A  lease  for  years,  without  saying  how  many,  is  good  for  two 
years.  In  the  city  of  New  York,  if  no  time  is  agreed  on  as  to  the 
duration  of  an  agreement  for  the  occupation  of  lands  or  tenements, 
it  will  be  deemed  valid  until  the  first  day  of  May  next  after  posses- 
sion is  given.^ 

9.  Where  a  lessor  consents  to  a  change  of  tenancy,  and  accepts  a 
substituted  tenant,  the  tirst  tenant  is  discharged.* 

10.  A  new  lease,  if  valid,  whether  by  parol  or  not,  will  operate  as 
a  surrender  of  a  former  lease.^ 

11.  The  interest  of  a  tenant  under  a  lease  executed  by  a  mortga- 
gor, subsequent  to  the  execution  of  a  mortgage,  is  extinguished  by  a 
tbreclosure  and  sale  under  such  mortgage.' 

1 2.  Where  a  fraudulent  representation  is  made  by  a  landlord,  as 
to  the  property  demised,  or  the  extent  of  his  rights,  the  lessee  is  en- 
titled to  a  deduction  from  the  rent  for  the  fraud.' 

13.  Interest  is  recoverable  on  a  covenant  for  the  payment  of  rent, 
from  the  time  the  rent  is  due,  even  where  the  rent  is  payable  in 
grain  or  services,  the  value  of  which  is  not  liquidated  by  the  lease.' 

14.  A  covenant  by  the  lessee  to  pay  assessments  runs  with  the 
lease,  and  the  assignee  of  the  term  is  bound  by  it.' 

15.  There  are  four  kinds  of  leases— /or  life  or  lives,  for  years,  at 
will,  and  by  mfferance.  A  tenant  at  will  is  one  who  occupies  under 
an  agreement  to  be  determined  at  the  pleasure  of  either  of  the  par- 
ties. One  who  enters  under  an  agreement  to  purchase,  or  for  a 
lease,  but  has  not  paid  rent,  is  a  tenant  at  will ;  a  parol  gift  of  lands 
has  also  been  held  to  create  this  species  of  tenancy.  If  the  agree- 
ment be  to  let  premises  so  long  as  the  parties  choose,  reserving  a 
compensation  to  be  paid  djiily,  it  creates  a  tenancy  at  will.  A  notice 
to  quit  terminates  a  tenancy  at  will,  and  turns  it  into  a  tenancy  from 
year  to  year.     Where  a  tenant  holds  over  after  the  expiration  of  his 


1  2  R.  S.  (3(1  eil.)  40,  %\ ;  Id.,  47,  ^ §  44, 49  ; 

Wemlell,  485;  6  Id.,  213  ;  8  id.,  260. 

'  4  Kent's  Coninientaries,  (2d  ed.)  451. 

»2R.  S.  (3d  ed.)29,^l. 

*  2  Barbour'8  S.  C.  Rep.,  180. 


i  2  Rarbour's  S.  C.  Rep.,  180. 

•  3  Denio,  214. 

1  1  CoinBtock,  305. 

•  2  Comstock,  135. 

•  i  Comatock,  394. 


LANDLORD    AND    TENANT.  S8*l 

term,  or  where  a  person  selling  lands  refuses  to  deliver  them  up,  and 
continues  in  possession,  a  tenancy  by  sufferance  is  created.' 

16.  No  lease  or  grant  of  agricultural  land,  for  a  longer  period  than 
twelve  years,  made  subsequent  to  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  forty-seven,  in  which  any  rent,  or  service  of 
any  kind,  is  reserved,  mil  be  valid  ;  and  all  fines,  quarter  sales,  and 
other  like  restraints  upon  alienation,  reserved  in  any  grant  of  land 
subsequent  to  that  day,  wUl  likewise  be  void.^ 

17.  A  tenancy  at  avUI,  or  by  sufferance,  may  be  terminated  by 
the  landlord's  giving  one  month's  notice  in  wridng  to  the  tenant.  In 
the  Eastern  States,  three  months,  and  in  the  Middle  and  Southern 
States,  six  months'  notice  is  required.  A  tenant  may  also  give  notice 
of  his  intention  to  quit  the  premises,  and  if  he  does  not  yield  pos- 
session at  the  time  specified  in  his  notice,  he  is  liable  to  pay  double 
rent' 

18.  A  tenancy  from  year  to  year  may  be  determined,  in  New  York 
and  Vermont,  by  a  notice  of  at  least  half  a  year,  (182  days,  or  six 
calendar  months,)  ending  with  the  period  of  the  year  at  which  the 
tenancy  commenced.  In  Massachusetts,  reasonable  notice  is  required, 
and  a  notice  of  sixty  days  has  been  held  sufficient  In  Pennsylvania, 
the  notice  is  one  of  three  months,  in  all  cases.* 

19.  Where  a  tenancy  is  for  a  short  period — as  for  a  quarter,  a 
month,  or  a  week — the  length  of  the  notice  must  be  regidated  by 
the  letdng  ;  as  a  month's  notice  for  a  month's  letting,  and  a  week's 
notice  for  a  week's  letting.' 

20.  Distress  for  rent  has  been  abolished  in  the  State  of  New  York. 
In  all  cases  where  the  right  of  re-entry  is  reserved  and  given  to  a 
grantor,  or  lessor,  in  any  grant  or  lease,  in  default  of  a  sufficiency  of 
goods  and  chattels  whereon  to  distrain,  such  re-entry  may  now  be 
made  at  any  time  after  default  in  the  payment  of  the  rent,  pro\ided 
fifteen  days'  notice  in  writing,  of  the  intention  to  re-enter,  be  given 
by  the  grantor  or  lessor,  his  heirs  or  assigns,  to  the  grantee  or  lessee, 
his  heirs,  executors,  administrators,  or  assigns  ;  and  this,  notwith- 
standing there  be  a  sufficiency  of  goods  and  chattels  to  satisfy  the 
rent,  provided  the  same  were  taken  in  distress." 

21.  The  mode  of  re-entry  above  provided,  by  g^^'ing  a  notice  of 
fifteen  days,  does  not  repeal  that  under  the  Revised  Statutes  ;  the 
former  is  merely  an  additional  mode.^ 

22.  A  tenant  or  under  tenant,  or  his  assigns  or  legal  representa- 
tives, may  be  removed  from  any  premises  occupied  by  him,  by  any 


»  4  Johnson,  150;  4  Cowen,  349;  11  Wen- 
dell, 619  ;  23  1.1,616. 

*  Amended  Constitution  of  Now  York,  Ar- 
ticle I,.  §5  14,  15. 

»  2  R.  S.  (3d  ed.)  30,  Si  7-9;  11  Wendell, 
416. 


*  4   Kent's  Commentaries,  (2d  ed.)   111- 
113;  1  Johnson,  322;  6  Cowen,  13. 

»  4  Kent's  Commentaries.  (2d  ed.)  IIX 

•  Laws  of  1»16.  chap.  274. 

'  2  Barbour's  S.  C.  Rep.,  316. 


384  NEW  clerk's  assistant. 

Judge  of  the  County  Courts  of  the  county,  or  by  any  Justice  of  the 
Peace  of  the  city  or  town  where  such  premises  are  situated  ;  or  by 
any  Mayor  or  Ro-corder  of  the  city  where  such  premises  are  situated; 
or  in  the  city  of  New  York,  by  the  Mayor,  Recorder,  any  Justice  of 
the  Marine  Court,  or  any  one  of  the  Justices  of  the  Justices'  Court 
of  the  city  of  New  York;  where  sucli  tenant  holds  over  and  continuca 
in  possession  of  the  premises,  or  any  part  thereof,  after  the  expira- 
tion of  his  term,  witliout  permission  of  the  hmdlord  ;  or  where  the 
tenant  holds  over  without  permission  after  default  in  the  payment  of 
rent,  and  a  demand  has  been  made  of  the  rent,  or  three  days'  notice 
in  writing  served  on  the  tenant,  requiring  payment  of  tlie  rent  or 
possession  of  the  premises  ;  or  where  the  tenant  or  lessee  of  a  term 
(>f  three  years,  or  less,  has  taken  the  benefit  of  any  insolvent  act,  or 
been  discharged  from  liability  to  imprisonment ;  or  where  one  holds 
over  and  continues  in  possession  of  any  real  estate  which  has  been 
sold  under  an  execution  against  liim,  after  a  title  under  such  sale  has 
been  perfected.' 

23.  Rent  previously  due  may  be  collected  by  action,  after  the  sum- 
mary removal  of  the  tenant  for  non-payment  of  rent.* 

24.  If  any  tenant,  being  in  arrear  for  rent,  desert  the  demised 
premises,  and  leave  the  same  unoccupied  and  uncultivated,  any  Jus- 
tice of  the  Peace  of  the  county  may,  at  the  request  of  the  landlord, 
and  upon  due  proof  that  the  premises  have  been  so  deserted,  go  upon 
and  view  the  premises  ;  and  upon  being  satisfied,  upon  sucli  view, 
that  the  premises  have  been  so  deserted,  he  shall  affix  a  notice  in 
writing  upon  a  conspicuous  part  of  the  premises,  requiring  the  tenant 
to  appear,  &c.,  as  in  the  form  hereinafter  given,  at  some  time  to  be 
specified  in  the  notice,  not  less  than  five  nor  more  than  twenty  days 
after  the  date  thereof 

25.  Where  any  forcible  entry  is  made  into  any  lands  or  posses- 
sions: or  where  the  entry  is  made  in  a  peaceable  manner,  and  the 
possession  held  by  force,  the  person  so  foicibly  put  out,  or  so  forcibly 
holden  out,  of  possession,  and  the  guardian  of  any  such  person  being 
a  minor,  may  be  rcston-d  to  such  possession,  by  making  complaint  to 
a  Justice  of  the  Supreme  Court,  or  County  Judge;  any  Mayor,  Re- 
corder, or  Alderman,  of  any  city  ;  or,  in  the  city  of  New  York,  in 
addition  to  the  officers  already  named,  to  any  Justice  of  the  Superior, 
or  Marine  Court,  or  any  Justice.* 

26.  An  affidavit  made  by  an  agent,  under  the  statute  authorizing 
summaiy  proceedings  to  recover  possession  of  land,  must  sUitc  the 


•  2  R.  S.   (3.1  cil.)  003,  >^  23  :  T.aw3  of  1840,        s  2  R.  S.  (3i3  ed.)  Cai,  M  21,  25, 
chap.  I'.I3  ;  f.  Cowcii,  44t<';  8  M.,  IW;  5  Won-        <  2  K.  S.  (3,1  ci\.)Ki'X  ^  1,  et  i? 

tl«ll.251  ;  '.tM.,?-'?;  U  M.,t;iti|  r-W., 'i-iti;  ■     ' 

17M.,4C.1;  19  M.,  103;  21  M..  587;  1  Hill, 
D12  ;  »5  111.,  314.  507  ;  I  Uciiio,  190. 

*  31}«nio,4o2. 


„.  .  . .  ...., ,  ..  ..  gc(]. ;  8.To>in« 

son,  4G1  :  II  M.,  rm  ;  1.1  M..  40;  >i  Cown, 
2-26 ;  4  \Vinclt;ll,  213;  9  M..  50;  II  W.,  157; 
1  Uall's  Superior  Court  Ke)>.,  aW. 


LANDLORD  AND  TENANT.  385 

tact  of  the  agency  in  positive  terms;  it  will  not  answer  merely  to 
describe  the  person  as  agent' 


FORMS. 

§  7ll.  Landlord's  Certificate  of  Renting. 

This  is  to  certify,  that  I  have,  this  day  of  ,18, 

let  and  rented  unto  C.  D.  my  house  and  lot,  known  as  number         , 
in  street,  in  the  of  ,  with  the  appurtenances, 

and  the  sole  and  uninterrupted  use  and  occupation  thereof,  for  one 
year,  to  commence  the  day  of  next,  at  the  yeaily  rent 

of  dollars,  payable  quarterly :  \add,  with  aU  taxes  and  as- 

sessments, where  the  same  are  to  be  paid  by  the  tenant.^ 

A.B. 


§  712.   Tenant's  Agreement. 

This  is  to  certify,  that  I  have  hired  and  taken  from  A.  B.  his  house 
and  lot,  known  as  number  ,  in  street,  in  the 

of  ,  with  the  appurtenances,  for  the  term  of  one  year,  to 

commence  the  day  of  next,  at  the  yearly  rent  of 

dollars,  paj^able  quarterly.  \^Insert  the  clause  in  relation  to  taxes, 
if  necessary.^  And  I  do  herebj^  promise  to  make  punctual  payment 
of  the  rent  in  manner  aforesaid,  except  in  case  the  premises  become 
untenantable  from  fire  or  any  other  cause,  when  the  rent  is  to  cease: 
And  I  do  further  promise  to  quit  and  surrender  tlie  premises,  at  the 
expiration  of  the  term,  in  as  good  sUite  and  condition  as  reasonable 
use  and  wear  thereof  will  permit,  damages  by  the  elements  excepted.* 

Given  under  my  hand  and  seal,  the  day  of  ,  18     . 

In  presence  of )  C.  D.  [l.  s.] 

G.H.        J 


§  713.  Security  for  Rent. 

In  consideration  of  the  letting  of  the  premises  above  described,  and 
for  the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the  punctual 
payment  of  the  rent,  and  performance  of  the  covenants,  in  the  above 


*  4  Danio,  71.  oft 


386  NEW  clerk's  assistant. 

written  agTcement  mentioned,  to  be  paid  and  performed  by  C.  D.,  as 
therein  specified  ;  and  if  any  default  shall  at  any  time  be  made 
therein,  I  do  hertiby  promise  and  agree  to  pay  unto  the  landlord  in 
said  agreement  named,  the  said  rent,  or  any  arrears  thereof  that  may 
be  due,  and  fully  satisfy  the  conditions  of  the  stiid  agreement,  and  all 
damages  that  may  accrue  by  reason  of  the  non-fulfilment  thereof, 
without  requiring  notice  or  proof  of  demand  being  made. 

Given  under  my  hand  and  seal,  the  day  of  ,  18     . 

E.  F.  [l.  s.] 


§  714.  Landlord's  Certificate,  where  Tenant  is  Not  to  Underlet,  oi 
Occupy  for  any  Business  deemed  Extra  Hazardous. 

This  is  to  certify,  that  I,  C.  D.,  have  let  and  rented  unto  A.  B., 
the  premises  known  as  number  ,  in  street,  in  the 

of  ,  for  the  terra  of  one  year  from  the  first  day  of 

next,  at  the  yearly  rent  of  dollars,  payable  quarterly.* 

The  premises  are  not  to  be  used  or  occupied  for  any  business  deemed 
extra-hazardous  on  account  of  fire ;  nor  shall  the  same,  or  any  part 
thereof,  be  let  or  underlet,  except  with  the  consent  of  the  landlord, 
in  writing,  under  the  penalty  of  forfeiture  and  damages. 

Given  under  my  hand,  tliis  day  of  ,  18     . 

CD. 


§  715.   Tenant's  Agreement  in  Foregoing  Case. 

This  is  to  certify,  &c.,  \as  m  §  712  to  the  *,  and  then  add:"]  And 
I  do  hereby  engage  not  to  let  or  underlet,  the  whole  or  any  part  of 
the  said  premises,  or  to  occupy  the  same  in  any  business  deemed 
extra-hazardous  on  account  of  tire,  without  the  written  consent  of  the 
landlord,  under  the  penalty  of  forfeiture  and  damages. 

Given,  &c.,  [as  in  §  712.] 


§  716.   Tenant's  Agreement,  Embracing  a  Pledge  of  his  Property, 
as  Security. 

This  is  to  certify,  that  I,  A.  B.,  have  hired  and  taken  from  C.  D., 
the  premises  known  as  number  ,  in  street,  &c.,  [as 

m  §  712  to  the  *,  and  then  add:]  Aiid  I  do  hereby  mortgage  and 
pledge  all  the  personal  property,  of  what  kind  soever,  which  I  shall 
at  any  time  have  on  said  premises,  and  whether  the  same  be  exempt 
by  law  from  sale  under  execution  or  not,  to  the  faithful  performance 


LANDLORD  AND  TENANT.  387 

of  these  covenants  ;  hereby  authorizing  the  said  C.  D.,  or  his  assigns, 
without  legal  process,  to  seize  upon  and  sell  the  same,  in  case  of  any 
failure  on  my  part  to  perform  the  sfiid  covenants,  or  any  or  either  of 
them, — and  out  of  the  proceeds  of  such  sale  to  pay  and  discharge  all 
arrearages  of  rent  and  expenses,  and  to  return  the  surplus  moneys, 
if  any  there  be,  to  me  or  my  representatives. 

Given  under  ray  hand  and  seal,  this         day  of  ,  18     . 

A.  B.  [l.  8.] 


§  YlY.  Landlord's  Certificate,  under  the  Exemption  Act  of  1842. 

This  is  to  certify,  Ac,  [as  in  §  714,  to  the  *,  and  then  add:'\  The 
above  lease  is  upon  the  further  condition,  that  the  said  tenant  shall 
make  punctual  payment  of  the  rent,  in  manner  aforesaid,  and  shall 
quit  and  surrender  the  premises,  at  the  expiration  of  the  said  term, 
in  as  good  state  and  condition  as  reasonable  use  and  wear  thereof  will 
permit,  damages  by  the  elements  excepted,  and  shall  not  assign,  let 
or  underlet,  the  whole  or  any  part  of  the  said  premises,  or  occupy 
the  same  for  any  business  deemed  extra-hazardous  on  account  of 
tire,  without  the  written  consent  of  the  landlord,  under  the  penalty 
of  forfeiture  and  damages. 

And  the  said  tenant,  for  the  consideration  aforesaid,  has  waived 
the  benefit  of  the  exemption  specihed  in  the  first  section  of  the 
act  entitled  "  An  Act  to  extend  the  exemption  of  household  furniiture 
and  Avorking  tools  from  distress  for  rent  and  sale  under  execution," 
passed  April  11th,  1842,  and  has  agreed  that  the  property  thereby 
exempted  shall  be  hable,  and  also  that  all  property  liable  to  distress 
for  rent  shall  be  so  hable,  whether  on  or  off  the  said  premises,  where- 
Bocver  and  whensoever  the  same  may  be  found. 

Given,  (fee,  \as  in  §  714.] 


§  7l8.     Tenant's  Agreement,  Waiving  the  Benefit  of  the  Exemption 
Act  of  1842. 

This  is  to  certify,  (fee,  \as  in  ^112  to  the  *,  and  then  addf]  And  1 
do  hereby  promise,  in  consideration  thereof,  to  make  punctual  pay- 
ment of  the  rent,  in  manner  aforesmd,  and  quit  and  surrender  the 
premises  at  the  expiration  of  the  said  term,  in  as  good  state  and 
condition  as  reasonable  use  and  wear  thereof  will  permit,  damages  by 
the  elements  excepted,  and  not  to  assign,  let  or  underlet,  the  wbole 
or  any  part  of  the  said  premises,  or  occupy  the  same  for  any  business 
deemed  extra-hazardous  on  account  of  fire,  without  the  written  con- 
sent of  the  landlord,  under  the  penalty  of  forfeiture  and  damages. 


888  NEW  clerk's  assistant. 

And  I  do  hereby,  for  the  coni-iJeratlon  aforesaid,  waive  the  benefit  of 
the  excmplion  specified  in  the  iirsi  section  of  the  act  entitled  "An 
Act  to  extend  the  exemption  of  iiousehokl  furniture  and  working 
tools  from  distress  for  rent  and  sale  under  execution,"  passed  April 
11th,  1842,  and  agree  that  the  property  thereby  exempted,  shall  be 
liable  to  distress  for  said  rent;  and  also,  that  all  property  liable  to 
distress  for  rent  shall  be  so  liable,  whether  on  or  off  the  said  premises, 
wheresoever  and  whensoever  the  same  may  be  found. 
Given,  &c.,  [as  in  §  Vl2.] 


§  719.  Agreement  for  a  Lease. 

This  agreement,  made  the  day  of,  &c.,  between  A.  B.  of, 

&c.,  and  C.  D.,  of,  <fec.,  witnesseth :  That  the  said  A.  B.  hereby  agrees 
to  demise  and  let  to  the  said  C.  D.,  by  mdenture,  to  be  executed  on 
the  day  of  next,  the  dwelling-house  and  lot  now  occu- 

pied by  the  said  A.  B.,  in  the  village  of  ,  to  have  and  to  hold 

the  same  xinto  the  said  C.  D.,  his  executors,  administrators  and 
assigns,  from  the  first  day  of  next,  for  and  during   the 

term  of  five  years,  at  or  under  the  yearly  rent  of  one  hundred  dol- 
lars, payable  quarterly,  clear  of  all  taxes  and  assessments:  in  which 
lease  there  shall  be  contained  covenants  on  the  part  of  the  said  C. 
D.,  his  executors,  <kc.,  to  pay  rent,  (except  in  case  the  premises  are 
destroyed  by  fire,  the  rent  is  to  cease  until  they  are  re-built,)  and  all 
taxes  and  assessments ;  to  keep  the  premises  in  good  repair,  (dama- 
ges by  fire  excepted ;)  not  to  carry  on  any  offensive  business  upon 
the  same ;  and  to  deliver  up  peaceable  possession  of  the  said  prenuses 
at  the  expiration  of  the  term  aforesaid :  and  the  said  lease  shall  also 
contain  covenants  on  the  part  of  the  said  A.  B.,  his  heirs  and  assigns, 
for  quiet  enjoyment ;  to  renew  said  lease  at  the  expiration  of  the  terra 
aforesaid,  at  the  request  of  the  said  C.  D.,  to  be  made  fifteen  days  prior 
to  the  time  of  such  expiration,  for  a  further  term  of  five  years ;  and  that, 
in  case  the  said  premises  shall  be  destroyed  by  fire,  the  said  A.  B. 
will  forthwith  proceed  to  re-build  the  same. 

And  it  is  agreed  between  the  aforesaid  pai-ties,  that  the  costs  and 
charges  of  making,  executing  and  recording,  the  said  lease,  and  du- 
plicate thereof,  shall  be  equally  borne  and  dSvided  between  them. 

In  witness  whereof,  the  said  parties  have  hereimto  set  their  handa 
.and  seals,  the  day  and  year  first  above  written. 

Sealed  and  dehvered  )  A.  B.     [l.  s.l 

in  presence  of         >•  C.  D.     [l.  a] 

G.  H.  ) 


LANDLORD    A.VD    TENANT. 

§  720.  Lease  and  Chatid  Mortf/age. 

This  agreement,  made  the.  day  of  ,  18     ,  between  A. 

B.,  of,  ifec.,  of  the  first  part,  and  C.  D.,  of,  Arc,  of  the  second  part, 
wituessetli :  That  the  said  A.  B.  has  agreed  to  let,  and  hereby  does 
Itt,  aiid  the  said  C.  D.  has  agreed  to  take,  and  luneby  does  take,  fill 
the  premises  known  as  number  347,  street,  in  the  city  of  , 

for  one  year  commencing  the  day  of  ,18,  and 

ending  the  day  of  ,  18       ,  at  twelve  o'clock,  noon,  of 

that  day,  at  the  annual  rent  of  dolhu's,  payable  in  equal  quar- 

terly payments. 

And  the  said  C.  D.  hcrt-by  covenants  and  agrees  to  pay  the  rent 
in  manner  aforesaid;  to  permit  the  said  A.  B.,  or  his  agent,  to 
enter  the  said  picmises  at  all  reasonable  hours  in  the  day  time,  to 
make  such  repairs  and  alterations  as  may  be  necessary  fur  the 
preservation  thereof,  and  to  exhibit  the  same  to  persons  wishing  to 
rent,  after  the  day  of  ,18       ,  and  put  notices  "  To  Let," 

on  the  walls  thereof  ;  to  quit  and  surrender  the  said  premises,  at  the 
expiration  of  the  said  term,  in  as  good  state  and  condition  as  reason- 
able use  and  wear  thereof  will  permit,  damages  by  the  elements 
excepted;  and  that  he  will  not  assign,  let  or  underlet,  the  whole  or 
any  part  of  the  said  premises,  or  occupy  the  same  for  any  business 
deemed  extra-hazardous,  without  the  written  consent  of  the  said  A- 
B.,  or  his  agent. 

And  the  said  C.  D.,  in  considei-ation  of  the  premises,  and  of  the 
sura  of  one  dollar  to  him  paid  by  the  said  A.  B.,  doth  hereby  grant, 
bargain  and  sell,  unto  the  said  A.  B.,  all  and  singular  the  following 
goods  and  chattels,  [or,  the  goods  and  chattels,  mentioned  in  the 
schedule  hereto  annexed:]  viz:  [describe  pro2)erti/ if  there  be  no 
schedide:'\  To  have  and  to  hold  the  said  goods  and  chattels  to  the 
said  A.  B.,  forever;  upon  the  condition,  however,  that  if  the  said  C. 
D.  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  A.  B., 
the  rent  above  reserved,  punctually,  at  the  several  times  when  the 
same  shall  become  due,  as  aforesaid,  then  the  said  bargain  and  sale 
shall  be  null  and  void.  But  in  case  defeult  shall  be  made  in  the  pay- 
ment of  the  said  rent,  or  any  part  thereof,  at  the  several  times  men- 
tioned as  aforesaid,  and  the  same  remain  unpaid  five  days  after  the  same 
becomes  due  and  payable,  then  it  shall' be  lawful  for  the  said  A.  B. 
to  take  possession  of  the  said  goods  and  chattels,  wherever  the  same 
may  be  found,  and  to  sell  the  same  at  public  sale,  (first  giving  three 
days'  notice  of  the  time  and  place  of  such  sale,)  or  so  much  thereof 
as  may  be  necessary  to  pay  the  rent  due,  and  the  balance  of  rent 
for  the  whole  unexpired  term,  whether  due  or  not  due,  and  all  costs 
and  expenses  that  may  have  accrued  on  account  thereof,  rendering 
thb  remaining  goods  and  chattels,  and  the  surplus  money  from  Sciiu 
sale,  if  any  there  shaU  bo.  unto  the  said  C.  D.,  or  his  representatives  * 


390  NEW  clerk's  assistant. 

And  it  is  further  agreed  between  the  said  parties  to  these  presents, 
that  if  at  any  time  default  shall  be  made  in  the  payment  of  the  ■^-^id 
rent,  or  any  part  thereof,  at  the  times  above  specified,  the  said  A.  13. 
shall  and  may  re-enter  the  said  premises,  and  remove  all  persons 
therefrom ;  and  the  smd  C.  D.  hereby  expressly  waives  the  service  of 
any  notice  in  writing-  of  the  intention  to  re-enter,  or  any  legal  process 
or  proceeding  to  put  the  said  A.  B.  in  possession ;  and,  also,  that  in 
ca.se  the  said  C.  D.  shall  sell,  assign  or  dispose  of,  or  attempt  to  sell, 
assign,  or  otherwise  dispose  of,  the  goods  and  chattels  aforesaid,  or 
shall  attempt  to  remove  the  same  from  the  of  ,  it  shall 

and  Tnay  be  lawful  for  the  said  A.  B.  to  take  possession  of  the  same, 
and  retcun  them  in  his  possession  until  the  said  rent  shall  be  paid,  or 
until  default  in  the  payment  thereof  But  until  default  be  made  in 
the  payment  of  the  said  rent,  the  said  goods  and  chattels  (unless  the 
said  C.  D.  shall  sell,  or  attempt  to  sell,  or  remove  the  same,  as  afore- 
Raid,)  shall  remain  in  the  possession  of  the  said  C.  D.' 

In  witness,  &,c.,  [as  in  §  719.] 


§  721.  Agreement  between  a  House-Keeper  and  Lodger. 

This  agreement,  by  and  between  A.  B.,  of,  &c.,  and  C.  D.,  of,  &c., 
made  the  day  of,  &c.,  witnesseth :  That  the  said  C.  D.,  in 

considei'ation  of  the  agreement  hereinafter  contained,  to  be  performed 
by  A.  B.,  has  let  to  the  said  A.  B.  the  entire  first  floor,  and  one  room 
in  the  attic  story,  or  garj-et,  with  the  use  of  the  offices,  and  of  the 
yard  for  drying  linen,  or  beating  carpets  or  clothes,  being  pai't  of  the 
dwelling-house  now  occupied  by  the  said  C.  D.,  situate  in  the  village 
of  ,  [or,  known  as  number  in  street,  in  the  city 

of  Albany,]  for  and  during  the  term  of  two  years  from  the  day  of 
the  date  hereof ;  to  hold  to  the  said  A.  B.,  for  the  said  term  of  two 
years,  at  the  yearly  rent  of  dollars,  payable  quarterly  to  the  said 
C.  D.  In  consideration  of  the  premises,  A.  B.  agrees  to  pay  to  the 
said  C.  D.,  the  aforesaid  yearly  rent  of  dollars,  at  the  times 

above  Hmited  for  the  payment  thereof  ;  and  at  the  end  of  the  said 
term,  or  in  case  of  any  default  in  the  payment,  to  yield  and  deliver 
up  to  the  said  C.  D.,  or  liis  assigns,  on  request,  the  quiet  and  peace- 
able possession  of  the  premises  above  described,  and  leave  them  in 
as  good  condition  and  repair  as  they  shall  be  on  his  takuig  possession 
thereotj  reasonable  wear  excepted. 

In  witness,  &c.,  [as  in  §  719.] 


'  A  lease,  containing  a  mortgage  of  pergonal  property,  or  a  copy  thereof,  ehoukl  be  Cbil 
»•  Uie  same  manner  as  chattel  mortgages,  in  order  to  have  the  lien  valid  against  third  peraoii& 


LANDLORD  AND  TENANT.  391 

^722.  Indenture  of  Lease. 

This  indenture,  made  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  between  A.  B.,  of, 

(fee,  of  the  Hrst  part,  and  C.  D.,  of,  drc,  of  the  second  part,  wit- 
nesseth :  Tluit  the  said  party  of  the  first  part,  for  and  in  conside- 
ration of  the  rents,  covenants  and  agreements,  hereinafter  mentioned, 
reserved  and  contained,  on  the  part  and  behalf  of  the  party  of  the 
riocond  part,  liis  executors,  administrators  and  assigns,  to  be  paid, 
kept  and  performed,  hath  granted,  demised,  and  to  farm  lettcn,  and 
l)y  these  presents  doth  grant,  demise,  and  to  farm  let,  unto  the  said 
party  of  the  second  part,  his  executors,  administi'ators  and  assigns, 
all  Y[)ive  description  of  ijreiniscs ;]  To  ha\e  and  to  hold  the  said  above 
mentioned  and  described  premises,  with  the  appurtenances,  unto  the 
said  party  of  the  second  part,  liis  executors,  administrators  and 
assigns,  from  the  day  of  ,  one  thousand  eight  hundred 

and  ,  *  for  and  during,  and  until  the  full  end  and  term  of,  ten 

years  thence  next  ensuing,  and  fully  to  be  complete  and  ended,  \or, 
for  and  during  the  natural  life  of  E.  F. ;]  yielding  and  paying  there- 
for, unto  the  said  party  of  the  first  part,  his  heirs  or  assigns,  yearly, 
and  every  year,  during  the  said  term  hereby  granted,  the  yearly  rent 
or  sum  of  dollars,  lawful  money  of  the  United  States  of  America, 
in  equal  quarter  [or,  half]  yearly  payments,  to  wit:  on  the  first  day 
of  May,  August,  November,  and  February,  in  each  and  every  year 
during  the  said  term :  Provided  always,  nevertheless,  that  if  the 
yearly  rent  above  reserved,  or  any  part  thereof,  shall  be  behind  or 
unpaid,  on  any  day  of  payment  whereon  the  same  ought  to  be  paid, 
as  aforesaid ;  or  if  default  shall  be  made  in  any  of  the  covenants 
herein  contained,  on  the  part  and  behalf  of  the  said  party  of  the 
second  part,  his  executors,  administrators  and  assigns,  to  be  pmd, 
kept  and  performed,  then  and  from  thenceforth  it  shall  and  may  be 
lawful  for  the  said  party  of  the  first  part,  his  heirs  or  assigns,  into 
and  upon  the  said  demised  premises,  and  every  part  thereof,  wholly 
to  re-enter,  and  the  same  to  have  again,  re-possess  and  enjoy,  as  in 
his  or  their  first  and  former  estate,  any  thing  hereinbefore  contained 
to  the  contrary  thereof  in  any  wise  notwithstanding.  And  the  said 
party  of  the  second  part,  for  himself  find  his  heirs,  executors  and 
administrators,  doth  covenant  and  agree,  to  and  with  the  said  party 
of  the  first  part,  his  heirs  and  assigns,  by  these  presents,  that  the 
said  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  shall  and  will,  yearl}',  and  every  year,  during  the  term 
liereby  granted,  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
said  party  of  the  first  part,  his  heirs  or  assigns,  the  said  yearly  rent 
above  reserved,  on  the  days,  and  in  the  manner,  limited  and  pre- 
scribed, as  aforesjiid,  for  the  payment  thereof,  without  any  deduction, 
fraud,  or  delay,  according  to  the  true  intent  and  meaning  of  these 
presents:  [if  necessary,  insert:  and  that  the  said  party  of  the  second 


S92  NEW  clerk's  assistant. 

part,  his  executors,  administrators,  or  assigns,  shall  and  •will,  at  their 
own  proper  costs  and  charges,  bear,  pay  and  discharge,  all  such  taxes, 
dutifs  and  assessments  whatsoever,  as  shall  or  may,  during  the  said 
term  hereby  granted,  be  charged,  assessed,  or  imposed  upon  the  said 
described  premises:]  and  that  on  the  last  day  of  the  said  term,  or 
other  sooner  determination  of  the  estate  hereby  granted,  the  said 
party  of  the  second  part,  his  executors,  administrators,  or  assigns^, 
shall  and  will  peaceably  and  quietly  leave,  surrender  and  yield  up, 
\into  tlie  said  party  of  the  first  part,  liis  heirs  or  assigns,  all  and 
singular  the  said  demised  premises.  And  the  said  party  of  the  first 
part,  for  himself,  his  heirs  and  assigns,  doth  covenant  and  agi-ee,  by 
these  presents,  that  the  said  party  of  the  second  part,  his  executors, 
administrators,  or  assigns,  paying  the  said  yearly  rent  above  reserved, 
and  performing  the  covenants  and  agreements  aforesaid,  on  his  and 
their  part,  the  said  party  of  the  second  part,  his  executors,  adminis- 
tratore  and  assigns,  shall  and  may  at  all  times  during  the  said  term 
hereby  granted,  peaceably  and  quietly  have,  hold  and  enjoy,  the  said 
demised  premises,  without  any  manner  of  let,  suit,  trouble  or 
hindrance,  of  or  from  the  said  party  of  the  first  part,  his  heirs  or 
assigns,  or  any  other  person  or  persons  whomsoever. 
In  witness,  <kc.,  [as  in  ^  719.] 


§  723.  Farming  Lease  on  Shares,  with  Agreement  to  Renew. 

This  indenture  made,  &c.,  [as  in  §  722  to  the  *,  and  then  add:'^ 
for  and  during  the  term  of  three  years  next  ensuing,  to  be  fully  com- 
plete and  ended:  To  have  and  to  hold  the  said  demised  premises, 
unto  the  party  of  the  second  part,  his  heu's,  executors  and  adminis- 
trators, for  his  and  their  sole  and  proper  use  and  benefit,  for  and 
during  the  term  aforesaid,  together  with  all  the  tenements  and  he- 
reditaments thereunto  appertaining,  and  all  the  stock  and  farming 
utensils,  of  every  name  and  nature,  now  being  in  or  upon  the  same, 
belonging  to  the  said  party  of  the  first  part. 

In  consideration  Avhereof,  the  said  party  of  the  second  part  hereby 
covenants  and  agrees,  to  and  with  the  party  of  the  first  part,  that  Ik; 
will  occupy,  till,  and  in  all  respects  cidtivate  the  premises  above  men- 
tioned, during  the  term  aforesaid,  in  a  husbandlike  manner,  and 
according  to  the  usual  course  of  husbandry  practiced  in  the  neigh- 
borhood ;  that  he  will  not  commit  any  waste  or  damage,  or  suffer  any 
to  be  done;  that  he  will  keep  the  fences  and  buildings  on  the  Sidd 
premises  in  good  repair,  reasonable  wear  thereof  and  damages  by 
the  elements  excepted;  and  that  he  will  deliver  to  the  said  party  of 
the  first  part,  his  heu'S,  executors  or  administrators,  or  to  his  or  their 
order,  one  equal  half  of  all  the  proceeds  and  crops  produced  on  the 


LANDLORD  AND  TENANT.  393 

said  farm  and  premises  aforesaid,  of  every  name,  land  and  descnp- 
tion, — to  be  divided  on  the  said  premises,  in  the  mow,  stack,  or  half 
bushel,  according  to  the  usual  course  and  custom  of  making  such 
divisions  in  the  neighborhood,  and  in  a  seasonable  time  after  such 
crops  shall  have  been  gathered  and  harvested. 

It  is  further  understood  and  agreed  between  the  aforesaid  parties, 
that  the  party  of  the  first  part  shall  find  one  equal  half  of  all  seed  or 
seeds,  necessary  to  be  sown  on  said  premises,  and  pay  all  taxes  and 
assessments  upon  the  sa.iie ;  that  the  party  of  the  second  part  is  to 
do,  or  cause  to  be  dont^  ail  necessary  v/ork  and  labor  in  and  about 
the  cultivation  of  the  said  premises;  that  he  is  to  have  full  permission 
to  inclose,  pasture,  or  till  and  cidtivate,  ths.-  said  prt  mist's,  so  far  as 
the  same  may  be  done  without  injury  to  the  reveision,  ajid  to  cut  all 
necessary  timber  for  firewood,  farming  purposes,  and  repairing  fences; 
and  that  he  is  to  give  up  and  yield  peaceable  possession  of  tJie  said 
premises,  at  the  expiration  of  his  said  term ;  [//'  the  lease  is  executed 
by  a  person  having  only  a  life  estate,  insert:  and  that  tlu"  said  term 
shall  be  determined  and  ended  by  the  death  of  the  party  of  the  first 
part,  at  any  time  within  the  said  period  of  three  years.] 

And  the  said  party  of  the  first  part,  in  consideration  of  the  premises, 
and  of  the  sum  of  one  dollar  to  liim  in  hand  paid  by  the  party  of  the 
second  part,  hereby  promises  and  agrees,  to  and  with  the  party  of 
the  second  part,  to  make  and  execute  unto  him  a  new  lease,  similar 
in  all  respects  to  tliis,  and  to  run  for  the  same  period  of  three  years, 
of  the  premises  aforesaid,  upon  the  due  request  and  application  of  the 
said  party  of  the  second  part,  made  within  twenty  days  prior  to  the 
expiration  of  the  aforesaid  term  granted  by  these  presents. 

In  witness,  <fec.,  [as  in  §  719.] 


§  724.     Surrender  of  a  Term  of  Years  to  the  Person  having  iht 

Reversion. 

This  indenture,  made  the  day  of  ,  between  A.  B., 

of,  (fee,  of  the  one  part,  and  C.  D.,  of,  &c.,  of  the  other  part:  Where- 
as, the  said  C.  D.,  by  his  indenture  of  lease,  bearing  date,  <fec.,  did 
demise  and  to  farm  let,  <kc.,  [recite  the  property  and  term  as  in  the 
lease  :^  Now  these  presents  witness,  that  for  and  in  consideration  of 
dollars,  to  the  said  A.  B.  in  hand  paid,  at  the  seahng  and 
delivery  of  these  presents,  by  the  said  C.  D.,  and  to  the  intent  and 
purpose  that  the  said  term  in  the  said  lands  and  premises  may  be 
wholly  merged  and  extinguished,  he,  the  said  A.  B.,  hath  given, 
granted  and  surrendered,  and  by  these  presents  doth  give,  grant  and 
surrender,  unto  the  said  C.  D.,  and  his  heirs,  all  the  said  lands  and 
premises  in  the  said  indenture  of  lease  contained  and  demised,  as 
aforesaid,  and  all  the  estate,  right,  title,  interest,  term  of  years,  pro- 


394  NEW  clerk's  assistant. 

perty,  claim  and  demand,  -whatsoever,  of  him,  the  said  A.  B.,  of,  in, 
to,  or  out  of,  the  same,  or  any  part  or  parcel  thereof:  to  have  and  to 
hold  the  said  lands  and  premises  to  the  said  C.  D.,  his  heirs  and 
assigns,  and  to  their  own  proper  use  and  behoof 

And  the  said  A.  B.  doth  hereby,  for  himself,  his  heirs,  executors 
and  administrators,  covenant  and  agree,  to  and  with  the  said  C.  D., 
his  heirs  and  assigns,  that  he,  the  said  A.  B.,  hath  not,  at  any  time 
heretofore,  made,  done,  committed,  executed,  permitted,  or  suffered, 
any  act,  deed,  matter,  or  thing,  whatsoever,  whereby,  or  wherewith, 
or  by  reason  or  means  whereof,  the  said  lands  and  premises  hereby 
assigned  or  surrendered,  or  any  part  or  parcel  thereof,  are,  or  is,  or 
may,  can,  or  shall  be,  in  any  wise  impeached,  charged,  affected,  or 
mcumbered. 

In  witness,  &c.,  [as  in  §  719.] 


§  725.     Surrender  of  a  Lease  to  the  Lessor,  hy  Endorsement 

Know  all  men  by  these  presents :  That  I,  the  within  named  A.  B. 
in  consideration  of  dollars,  to  me  in  hand  paid  at  or  before 

the  ensealing  and  delivery  of  these  presents,  do  for  myself,  my  execu- 
tors and  administrators,  bargain,  sell,  surrender,  and  yield  up,  from 
the  day  of  the  date  hereof,  unto  the  within  named  C.  D.,  and  his 
heirs,  [or,  his  executors  and  administrators,]  as  well  the  within 
indenture  of  lease,  as  the  lands  and  premises  therein  mentioned,  and 
the  term  of  years  therein  yet  to  come,  with  all  my  right,  title  and 
interest  thereto ;  and  I  do  hereby  covenant,  that  the  same  are  free 
and  clear  of  all  incumbrances  of  what  kind  soever,  at  any  time  by 
me,  or  by  my  privity,  consent,  or  procurement,  done,  committed,  or 
suffered. 

Given,  &c.,  [as  in  §  7 16.] 


§  726.     Notice  to  Quit,  hy  the  Landlord} 

Please  to  take  notice,  that  you  are  hereby  required  to  surrender, 

and  deliver  up  possession  of  the  house  and  lot  known  as  lot  number 

,  in  street,  in  the  of  ,  which 

you  now  hold  of  me ;  and  to  remove  therefrom  on  the  day  of 


'The  nulice  must  be  delivered  to  il^e  tenant  personally,  or  to  some  person  n(  proper  a?e 
reeidiiigon  the  premises;  and  ifnriilvr  ilie  ienanl,nor any  ptich  person,  c;iti  Ije  fuuiid,  the 
Bulice  rnixy  be  posted  on  some  conspicuous  place  on  tlio  premises. 


LANDLORD  AND  TENANT.  -  395 

next,  pursuant  to  the  provisions  of  the  statute  relating  to 
the  rights  and  duties  of  landlord  and  tenant 
Dated  this  day  of  ,18 

Yours,  &c.,  A  B.,  Landlord. 

To  C.  D. 


§  727.     Notice  to  Quit,  hy  the  Tenant. 

Please  to  take  notice,  that  on  the  day  of  next,  1 

shall  quit  possession  and  remove  from  the  premises  I  now  occupy, 
known  as  house  and  lot  number  ,  in  street,  in  the 

of 
Dated  this  day  of  ,  18       . 

Yoiu^,  &c.,  C.  D. 

To  A.  B.,  Landlord. 


§  728.     Notice  hj  Landlord,  where  the  Oommencemeni  of  the 
Tenancy  is  Uncertain. 
To  C.  D. : 

I  hereby  give  you  notice  to  quit,  and  deUver  up,  on  the  day 

of  next,  the  possession  of  the  messuage  or  dwelling-house, 

\or,  rooms  and  apartments ;  or,  farm  lands  and  premises,]  with  the 
appurtenances,  which  you  now  hold  of  me,  situate  in  the  of 

,  in  the  county  of  ,  provided  your  tenancy  originally 

commenced  at  that  time  of  the  year :  or  otherwise,  to  quit  and  deliver 
up  the  possession  of  the  said  messuage,  &c.,  at  the  end  of  the  year 
of  your  tenancy,  -vyhich  shall  expire  next  after  the  end  of  one-half 
year  from  the  time  of  your  being  served  with  this  notice. 
Dated,  &c.,  [as  in  §  726.] 


§  729.     Notice  to  Tenant  to  Quit  the  Premises,  or  Pay  Double 

VaJue. 

Sir :  I  hereby  give  you  notice  to  quit,  and  yield  up,  on  the 
day  of  next,  possession  of  the  messuage,  lands,  tenement* 

and  hereditaments,  wliich  you  now  hold  of  me,  situate  at  ,  in 

the  town  of  ,  and  county  of  ;  in  failiu-e  whereof,  I 

shall  require  and  insist  upon  double  the  value  of  the  said  premises, 
according  to  the  statute  in  such  case  made  and  provided. 

Dated,  (fee,  \as  in  §  726.] 


396  NEW  clerk's  assistant. 

§  730.     Notice  of  Intention  to  He-enter,  under  the  Late  o/'1846.' 

To  C.  D. : 

You  fire  hereby  notified,  that  I  shall  re-enter  the  premises  known 
as  number  347,  street,  in  the  city  of  ,  noAV  occupied 

by  you  under  a  demise  from  me,  on  the  day  of  next; 

you  having  made  default  in  the  payment  of  the  rent  for  the  same. 

Dated,  &c.,  [as  in  §  726.] 


§  731.     Oath  of  Holding  Over — to  he  Made  hy  the  Landlord,  or 
Lessor,  or  his  Legal  Representatives,  Agents,  or  Assigns. 

County,  ss: 
A.  B.,  of  said  county,  merchant,  being  duly  sworn,  doth  depose 
and  say,  that  on  or  about  the  day  of  ,  A.  D.  18 

he  let  and  rented  unto  C.  D.,  of  ,  in  said  county,  the  house 

and  lot  known  as  nmnber  ,  in  street,  in    ■ 

aforesaid,  for  the  term  of  one  year  from  the  first  of  May  then  next 
which  said  term  has  expired ;  and  that  the  said  C.  D.,  or  his  assigns 
hold  over  and  continue  in  possession  of  the  said  premises  *  without 
the  permission  of  this  deponent 
Sworn  to,  this       day  of        , ) 
18       ,  before  me,  J 

A.  M.,  Justice  of  the  Peace. 


§  732.     Summons  to  Remove  Tenant  Holding  Over* 

To  C.  D.,  of  ,  or  any  other  person  claiming  possession  of  the 

premises  hereinafter  mentioned : 
Whereas,  A.  B.,  of  said  of  ,  has  made  oath,  and 

presented  the  same  to  me,  that  on  or  about  the  day  of  , 


1  The  section  of  the  statute,  (Laws  ofl&46,  chap.  274,  §3,)  under  which  this  notice  may 
be  given,  was  designed  to  protect  parties  to  leases  then  in  existence,  after  the  abolition  of 
distress  for  rent.  The  notice,  therefore,  is  necessary  only  in  cases  where  the  right  to  re- 
enter was  reserved,  provided  there  was  not  a  "  sufficiency  of  goods  and  chattels  whereon 
to  distrain."  Service  of  the  notice  must  be  made  personally,  on  the  grantee  or  lessee,  or 
by  leaving  the  same  at  liis  dwelling-house  on  the  premises. 

2  Previous  to  issuing  this  sunjnions,  in  the  case  of  a  tenancy  at  will,  or  by  sufferance, 
the  magistrate  must  be  satisfied  by  affidavit,  that  tlie  tenancy  has  been  terminated  by  giv- 
ing the  requisite  notice.  Where  a  person  holds  over  when  real  estate  has  been  sold  on 
an  execution,  the  magistrate  must  be  satisfied  in  like  manner,  that  a  demand  of  possession 
of  the  premises  has  been  made.  The  time  specified  in  the  summons  to  appear  and  show 
cause,  should  be  either  on  the  sanw;  day,  if  reasonable,  or  not  less  than  three,  nor  more 
:han  five  days,  from  the  time  of  serving  such  summons.  The  service  may  be  made,  by 
delivering  to  the  tenant  to  whom  it  shall  be  directed,  a  true  copy  of  the  summons,  and  at 
the  same  lime  showing  him  the  original ;  or,  if  the  tenant  be  absent  from  his  last  or  usual 
place  of  residence,  by  leaving  a  copy  thereof  nt  such  place,  with  some  person  of  oiaiure 
age  residing  on  tlie  premises.      (2  R.  S.,  (3d  ed.,)  604,  §  §  30,  31,  et  seq.) 


LANDLORD  AND  TENANT.  39Y 

he  rented  unto  you,  the  said  C.  D.,  the  house  and  lot  known  as  num- 
ber ,  in  street,  in  said  ,  for  the  term  of 
,  from  the  day  of  ,  then  next  ensuing; 
and  that  you,  or  your  assigns,  hold  over  and  contimie  in  possession 
of  the  said  premises  after  the  expiration  of  the  aforesaid  term  therein, 
without  the  permission  of  the  landlord:  Therefore, in  the  name  of  the 
people  of  the  State  of  New  York,  you  are  hereby  summoned  and 
required,  forthwith  to  remove  from  the  said  premises,  or  show  cause 
before  me,  at  my  office  in  ,  on  the  day  of  , 
at  o'clock  in  the  noon,  why  possession  of  the  said  premises 
should  not  be  delivered  to  the  landlord. 

Witness  my  hand,  the  day  of  18       . 

G.  H.,  County  Judge. 


§  733.     Affidavit  of  Service  of  Summons. 

County,  ss: 
R  F.,  of  said  county,  being  duly  sworn,  says,  that  on  the 
day  of  instant,  he  personally  served  the  within  summons 

upon  C.  D.,  the  tenant  therein  named,  by  delivering  a  true  copy 
thereof  to  him  in  person,  and  at  the  same  time  showing  him  the  said 
original  summons. 

Sworn,  (fee,  [as  m  §  731.]  R  F. 


§  734.      Warrant  to  Put  in  Possession,  where  Tenant  Holds  Over, 
and  does  not  Appear  to  the  Summons. 

To  the  Sheriff  of  the  County  of  \or,  to  any  one  of  tho 

Constables,  or  Marshals,  of  the  City  of  or,  of  the 

Town  of  ,  in  the  County  of  ,j  greeting: 

Whereas,  A.  B.,  of  the  oi  ,  in  said  county,  has 

made  oath,  and  presented  the  same  to  me,  that  on  or  about  the 
day  of,  (kc,  [as  m  §  73]  to  the*,  and  then  addsl  without  the  permis- 
sion of  the  landlord ;  Whereupon  I  issued  a  summons  requiring  the 
said  tenant  forthwith  to  remove  fr'^m  the  said  premises,  or  show 
cause  before  me  at  a  certain  time  now  past,  why  the  possession  of 
the  said  premises  should  not  be  delivered  to  the  landlord ;  and  no 
sufficient  cause  having  been  shown  to  the  contrary,  and  I  bemg 
satisfied,  by  due  proof,  of  the  service  of  the  said  summons,  do  there- 
fore, in  the  name  of  the  people  of  the  State  of  New  York,  com- 
mand you  to  remove  all  persons  from  the  said  premises,  and  to  put 
the  landlord  in  full  possession  thereof 

Witness,  &c.,  [as  in  §  732.] 


398  NEW  clerk's  assistant. 

§  735.     Affidavit  of  Default  in  Facing  Rent. 

County,  ss: 

A.  B.,  of  ,  in  said  county,  being  duly  sworn,  says,  that  C. 

D.  is  justly  indebted  unto  him  in  the  sum  of  one  hundred  dollars, 
due  the  day  of  ,18       ,  for  the  rent  of  a  house  and  lot 

known  us  number  ,  in  street,  in  ,  aforesaid ; 

that  he  has  demanded  the  said  rent  from  the  said  C,  D.,  who  has 
made  default  in  the  payment  thereof,  pursuant  to  the  agreement 
under  which  the  premises  were  let,  and  that  he  holds  over  and  con- 
tinues in  possession  of  the  same,  without  the  permission  of  the  land- 
lord, after  default  in  the  payment,  as  aforesaid. 

Sworn,  &c.,  [as  in  §  731.]  A.  B. 


8  736.     Summons  on  Foregoing  Affldavit — to  he  Served,  cfcc, 
as  §  732. 

To  C.  D.,  and  each  and  every  person  in  possession  of  the  demised 
premises  hereinafter  mentioned,  or  claiming  possession  thereof: 

Whereas,  A.  B.,  of  the  of  ,  in  the  county  of 

,  has  made  oath  that  you  are  justly  indebted  to  him  in  the 
sum  of  one  hundred  dollars,  due  the  day  of  ,18       , 

for  rent  of  the  house  and  lot  known  as  number  ,  in 

street,  in  ,  aforesaid ;  that  he  has  demanded  from  you  the  said 

rent,  and  that  default  has  been  made  in  the  payment  thereof,  pur- 
suant to  the  agreement  under  which  the  premises  were  let ;  and  that 
you  hold  over  and  continue  in  possession  of  the  same,  Avithout  the 
permission  of  the  landlord,  after  default  in  the  payment  of  the  rent, 
as  aforesaid.  Therefore,  you,  and  each  of  you,  are  hereby  summon- 
ed and  required,  forthwith  to  remove  from  the  said  premises,  or  show 
cause  before  me,  at,  &c.,  on  the  day  of  18       ,  at 

o'clock  in  the  noon  of  that  day. 

Witness,  &c.,  \as  in  §  732.] 


§  737.      Warrant  to  Fut  in  Fossession. 

To  the  Sheriff,  &c.,  [or,  as  in  §  734,]  greeting: 

Whereas,  A.  B.,  of  ,  in  said  county,  made  oath  that  C. 

D.  was  iustly  indebted  to  him  in  the  sum  of  one  hundred  dollars,  for 
rent  of  the  house  and  lot  known  as  number  ,  in 

street,  in  ,  aforesaid ;  that  he  demanded  the  said  rent  from 

the  said  C.  D.,  who  had  made  default  in  the  payment  thereof,  pur- 
suant to  the  agreement  under  which  the  premises  were  let,  and  that 
he  held  over  and  continued  in  possession  of  the  same  without  the 


LANDLORD  AND  TENANT.  399 

permission  of  the  landlord,  after  such  default;  whereupon  I  issued  a 
summons  requiring-  the  tenant,  and  every  person  in  possession  of  the 
said  premises,  or  claiming  the  possession  thereof,  forthwith  to  remove 
therefrom,  or  show  cause  before  me,  at  a  certain  time  now  past, 
why  the  possession  of  the  premises  should  not  be  delivered  to  the 
said  landlord  ;*  and  no  good  cause  having  been  shown  or  any  way 
appearing  to  the  contrary,  and  due  proof  of  the  service  of  such  sum- 
mons having  been  made  to  me,  you  are  commanded  to  remove  all 
persons  from  the  said  premises,  and  put  the  said  A.  B.  into  the  pos- 
session thereof 

Witness,  (fee,  [as  in  §732.] 


§  738.     Return  of  Officer  to  War  rani. 

Pursuant  to  the  command  of  the  above  warrant,  I  have  this  day 
put  the  landlord  into  full  possession  of  the  premises  therein  men^ 
iioned. 

Dated  this  day  of  ,18 

H.  C,  Constable,  \or,  Marshal,]  of,  <fea 


§739.     Affidavit  to  Oppose  Issuing  Warrant  of  Removal} 

County,  ss: 

C.  D.,  of  ,  being  duly  sworn,  says,  that  he  denies  the  fol- 

lowing allegations  stated  in  the  oath  of  C.  D.,  made  on  the  day 

of  ,18       ,  in  order  to  obtain  the  removal  of  this  deponent 

from  the  following  premises:  [describe  th«m:'\  that  is  to  say:  he 
denies  that  [state  the  facts  denied-] 

Sworn,  &c.,  [as  in  §  731.] 


§  740.     Precept  for  a  Jury  where  the  Removal  is  Opposed. 
To  the  Sheriff,  &c.,  [or,  as  in  §  734,]  greeting: 

Whereas,  on  the  day  of  ,18       ,  A.  B.,  of  , 

made  oath,  and  presented  the  same  to  nae,  stating  that,  &c. ;  [as  in 
§  737,  to  the  *,  and  then  add:\  and  whereas,  the  said  C.  D.  hath 


>  Where  the  person  in  possession  of  the  demised  premises,  or  claiminir  the  possession, 
makes  an  afiiJavit  to  ojipose  the  warrant  of  removal,  the  matter  controverted  must  be  tried 
by  a  jury,  provided  eiiher  party  demand  the  same,  at  lti«  lime  of  showing  cause,  before  tho 
adjournment,  and  pay  the  necessary  costs  and  expenses  of  c-bfs»n-ug  the  jury,  oiherwisc  tht 
magistrate  before  whom  the  proceedings  are  had  will  dec«l«  Mm  CMDt^veisy.  '( Lawa  of  1^9 
chap.  laS.) 


400  NEW  clerk's  assistant. 

upon  his  o^tli  denied  the  aforesaid  allegations  of  the  said  A.  B. :  You 
are  (lioi-cfore  hereby  commanded,  in  the  name  of  the  people  of  the 
Statr-  of  New  York,  to  summon,  [^insert  the  names  of  twelve  persons,^ 
bein"-  twelve  reputable  persons,  qualified  to  serve  as  jurors  in 
courts  of  record,  and  nominated  by  me  for  the  purpose,  to  appear 
before  me,  at,  Ac,  on,  &c.,  [not  more  than  three  days  after  the  date 
of  the  prece2)t,']  for  tlie  purpose  of  trying  the  matter  in  diflference 
between  the  said  A.  B.  and  C.  D. 
Witness,  (fee,  [as  in  §  732.] 


§  741.     Juror's  Oath? 

You,  and  each  of  you,  do  swear,  that  you  wiU  well  and  truly  try, 
kear  and  determine  the  matters  in  difference  now  depending  before 
me,  between  A.  B.  and  C.  D.,  the  parties  to  this  proceeding,  and  a 
true  verdict  give  therein  according  to  evidence.     So  help  you  God. 


§  742.     Officer's  Oath  to  Keep  Jury,  after  Evidence  Oiven, 

You  do  swear,  that  you  will  well  and  faithfully  keep,  in  some 
private  and  convenient  place,  this  jury  committed  to  your  charge, 
without  meat  or  drink,  water  excepted.  You  shall  not  suffer  any 
person  to  speak  to  them,  nor  speak  to  them  yourself,  unless  to  ask 
them  if  they  have  agreed  upon  their  verdict,  until  they  have  agreed 
on  their  verdict,  or  are  sooner  discharged  by  me.     So  help  you  God. 


§  743.     Security  for  Hent  on  Proceeding  for  ITon- Payment.* 

We  hereby  jointly  and  severally  engage  to  pay  A.  B.  the  sum  of 

dollars,  for  rent  due  him  for  the  occupation  of,  [describe  the 

preniises,\  and  for  the  costs  and  charges  of  a  certain  application  to 

remove  the  undersigned  C.  D.  from  the  said  premises,  under   the 

provisions  of  the  statute  authorizing  summary  proceedings  to  recover 


'  Six  of  the  jurors  summoned  are  to  be  drawn  by  the  magistrate,  in  the  same  manner  as  ID 
lustices'  couris.  Tlie  finding  of  ilie  jury  before  a  justice  of  the  peace,  or  his  decision, 
'^here  no  juiy  is  called,  must  be  entered  in  his  docket,  and  judgment  rendered  therefor. 
The  judgment  must  also  include  the  costs  of  the  prevailing  party,  according  to  the  rates  pre- 
gcribed  for  similar  services  in  civil  actions  in  jtisilces'  courts,  and  the  warrant  for  delivery 
must  direct  the  collection  of  such  costs,  or  an  execution  may  be  issued  for  tliat  purpose 
(Laws  of  1S49,  chap.  193.)  Where  proceedings  are  had  before  a  justice  of  the  peace,  the* 
may  be  removed  to  the  County  Court  by  appeal.  (See  the  note  to  §  748,  p.403. ) 

*  Upon  giving  security  satisfactory  to  the  magistrate,  the  issuing  of  the  warrant  of  reoioyal 
WiU  be  suyed. 


ZJkKDLORD  Xm>  TENAKt.  401 


the  possession  of  land  in  certain  cases,  within  ten  days  from  the  date 

hercot 

Dated  and  sealed,  this  day  of  ,18 

C.  D.  [l.  8. 
E.  ~ 
L. 


).  b.    [l.  8.1 

c.  F.  rL.8.1 

J.  M.    [l.  8.J 


§  744.     Notice  to  Remove,  in  a  case  of  Tenancy  at  Will,  to  he 
Served  cus  in  ^  132. 

To  C.  D.,  of 

You  are  hereby  required  to  remove  from,  and  quit  the  premises 
which  you  now  hold  of  me,  situate  in  the  village  of  ,  in  the 

county  of  ,  within  one  month  after  service  of  this  notice. 

Dated  the  day  of  ,18 

Yours,  (fee,  A.  B. 


§  745.      Affidavit  to  he  Made  by  the  Landlord  to  obtain  Summons, 
in  a  Case  of  Tenancy  at  Wili. 

County,  ss: 

A.  B.,  of  ,  in  said  county,  being  duly  sworn,  says,  that 

since  the  day  of  ,  in  the  year  ,  C.  D.,  of  the 

wime  place,  has  held  and  occupied  the  house  and  lot  in  the 
of  ,  on  street,  where  the  said  C.  D.  now  resides, 

as  the  tenant  of  this  deponent,  and  at  his  will,  and  without  any  cer- 
t;un  time  agreed  on  for  the  termination  of  said  tenancy ;  and  that  this 
deponpnt  caused  a  notice  in  writing  to  be  served  on  the  said  C.  D., 
in  due  form  of  law,  on  the  day  of  last  past,  requiring 

him  to  remove  from  the  said  premises  within  one  month  from  the 
day  of  senice  thereof  ;  And  this  deponent  further  says,  that  the  said 
time  has  expired,  and  that  the  said  C.  D.,  or  liis  assigns,  hold  over 
and  continue  in  possession  of  the  said  premises  after  the  expiration 
of  tho  said  time,  without  the  permission  of  this  deponent 

Sworn,  &c.,  [as  in  §  731.]  A  B. 


§  740.    Summons  thereon  to  the  Tenant,  to  Remove  or  Show  Cause. 

To  C.  D.,  of  : 

Whereas,  A.  B.  has  made  oath  in  writing,  and  presented  the  sam« 
to  tre,  that  since  the  day  of  ,  in  the  year  , 

y»«  ^ave  held  and  occupied  the  house  and  lot  in  the  of 


26 


402  NEW  clerk's  assistant. 

in  street,  where  you  now  reside,  as  his  tenant,  and  at  hia 

will,  without  any  certain  time  agreed  on  for  the  termination  of  smd 
tenancy  ;  and  that  he  caused  a  notice  in  writing  to  be  served  on 
you  in  due  form  of  law,  on  the  day  of  last  past,  requiring 

you  to  remove  from  said  premises  within  one  month  from  the  day 
of  the  service  thereof  ;  and  that  the  said  time  hath  expired,  but  that 
you,  or  your  assigns,  hold  over  and  continue  in  possession  of  said 
premises  after  the  expiration  of  said  time,  without  the  permission  of 
the  said  landlord : 

Therefore,  in  the  name  of  the  people  of  the  State  of  New  York, 
you  are  hereby  summoned  and  required,  forthwith  to  remove  from 
the  said  premises,  or  show  cause  before  me,  at  my  office,  in  the  town 
of  ,  in  said  county,  on  the  day  of  instant,  why 

possession  of  the  said  premises  sho\ild  not  be  delivered  to  the  said 
landlord. 

Witness,  &c.,  [as  in  §  732.] 


§  747.    Warrant  to  Remove  the  Tenant. 

To  any  Constable  of  the  Town  of  ,  in  the  County  of  , 

greeting  : 

Wliereas,  A.  B.  made  oath  in  writing,  and  presented  the  same  to 
me,  that  since  the  day  of  ,  in  the  year  ,  C. 

D.,  of  ,  has  held  and  occupied  the  house  and  lot  in  the 

of  ,  in  street,  where  he  now  resides,  as  his  tenant 

and  at  his  will,  without  any  certain  time  agreed  on  for  the  termina- 
tion of  said  tenancy ;  and  that  he  caused  a  notice  in  writing  to  be 
served  on  him,  the  said  tenant,  in  due  form  of  law,  on  the  day 

of  last,  requiring  him  to  remove  from  said  premises  within 

one  month  from  the  day  of  the  service  thereof  :  and  that  the  said 
time  has  expired,  but  that  the  said  tenant,  or  his  assigns,  held  over 
and  continued  in  possession  of  said  premises  after  the  expiration  of 
said  time,  without  the  permission  of  said  landlord  ;  whereupon  1  issued 
a  summons,  requiring  the  tenant  to  remove  from  said  premises,  or 
show  cause  before  me,  at  a  certain  time  now  past,  why  the  landlord 
should  not  be  put  in  possession  of  said  premises  ;  and  due  proof  of 
the  service  of  said  summons  having  been  made  to  me,  and  no  good 
cause  against  the  landlord's  application  having  been  shown,  or  any 
way  appearing  :  Therefore,  the  people  of  the  State  of  New  York 
command  you  to  remove  all  persons  from  the  said  premises,  and  put 
the  said  A.  B.  into  the  full  possession  thereof 

Witness,  &c.,  [as  in  §  732.] 


LANDLORD  AND  TENANT.  403 

§  748.  Affidavit  for  Appeal  to  County  Court} 

County,  ss: 

C.  D.,  of  said  county,  being  duly  sworn,  deposes  and  says,  that  on 

the  day  of  18     ,  A.  B.,  of  ,  in  said  county, 

made  and  presented  to  G.  H.,  Esquire,  a  Justice  of  the  Peace,  in  and 

for  said  county,  his  affidavit,  of  which  the  following  is  a  copy,  to  wit: 

[Insert  here  the  affidavit.'] 

Whereupon  the  said  Justice  issued  his  summons,  dated  on  the 
day  of  ,  18     ,  requiring  this  deponent  forthwith  to 

remove  from  the  premises,  in  the  said  affidavit  of  the  said  A.  B.  men- 
tioned, or  to  show  cause  before  the  said  Justice,  at  his  office  in  , 
on  tlie  day  of  ,  1 8  ,  at  o'clock  in  tlie  noon,  why 
possession  of  the  said  premises  should  not  be  delivered  to  the  land- 
lord ;  [^If  the  summons  is  informal,  insert  a  copy  ofit;^  on  which 
said  day,  to  wit,  the  day  of  ,  18  ,  the  said  A.  B.  and 
the  said  C.  D.  appeared  before  the  said  Justice,  whereupon  the  fol- 
lowing proceedings  were  had:  [i/ere  state  the  proceedings,  with  the 
evidence  of  the  witnesses,  if  any  were  sworn.^ 

Deponent  further  says,  that  upon  such  hearing,  the  Justice  gave 
judgment  for  the  said  A.  B.,  that  the  said  premises  in  his  said  affi- 
davit mentioned,  should  be  delivered  to  him  as  the  landlord  ;  [or, 
against  the  said  A.  B.,  and  that  the  said  premises  in  his  said  affidavit 
mentioned,  should  not  be  delivered  to  him  as  the  landlord.] 

And  deponent  assigns  the  following  grounds  of  error,  upon  which 
he  appeals  to  the  Coimty  Court  of  the  said  county  of  , 

to  wit: 

[State  the  grounds  of  error  distinctly  and  concisely.] 

Sworn,  &c.,  \as  in  §  731.]  C.  D. 

I  hereby  allow  the  within  appeal,  this  day  of  , 

18    . 

J.  P.  H.,  County  Judge, 


>  The  proccedin;;9  before  a  Jaatice  of  the  Peace,  under  the  act  authorizing  the  removal  oi 
tenants,  &c.,  may  be  removed  bv  apfteal  to  the  County  Court  of  the  county,  in  the  same  man- 
ner, anil  with  the  like  efi'eci,  andupon  like  security, as  appeals  from  the  judgment  of  Justices 
of  the  Peace  in  civil  actions;  but  the  decision  of  the  County  Judge  must  be  a  reversal  or 
affirmance  of  the  justice's  judgment,  and  will  be  final.  But  where  the  tenant  appeals,  and 
desires  the  issuing  of  the  warrant  or  execution  to  be  stayed,  security  must  also  be  given  for 
the  payment  of  all  rent,  accruing  or  to  accrue  subsequent  to  the  application  to  the  Justice. 
Th  5  security  must  in  all  cases  be  approved  uy  the  County  Judge  at  the  time  of  allowing  in* 
appeal,  and  served  on  the  justice  with  the  atfidarit  for  appeal.    (Laws  of  1S19,  chap.  \\a.) 


404 


KEW   CIERk's   assistant. 


§  749.  Notice  of  Appeal} 


Summary  proceeding  to  recover  possession  of 
land,  before  G.  H.,  Esq.,  Justice  of  the  Peace. 


In  tlie  matter  of^ 

A.  B.,  landlord, 

against 

C.  D.,  tenant 

Sir:  Please  take  notice,  that  C.  D.,  above  named,  appeals  from  the 
judgment  rendered  against  him  by  G.  H.,  Esquire,  Justice  of  the 
Peace  aforesaid,  on  the  day  of  last,  which  judgment 

is  mentioned  and  referred  to  in  the  within  [or,  annexed]  affidavit, 
and  herewith  served  on  you,  to  the  County  Court  of  the  county  of 
;  and  that  the  said  appeal  will  be  heard  by  the  Hon.  J.  P. 
H.,  County  Judge,  at  his  office  in  the  city  of  ,  on  the 

day  of  next,  at  ten  o'clock  in  the  forenoon. 

Dated  ,  July  30th,  18     .  C.  D. 

ToA.B. 


§  750.    Undertaking  on  Appeal. 

In  the  matter  of  ^ 

A.  B.,  landlord,  f  Summary  proceeding  to  recover  possession  of  land, 

against  [     before  G.  H.  Esq.,  Justice  of  the  Peace. 

C.  D.,  tenant    J 

C.  D.,  above  named,  having  appealed  to  the  County  Court  of 

county,  from  the  judgment  rendered  against  him  in 

tliis  proceeding,  [describe  the  judgment:^  Now,  therefore,  in  order  to 

stay  the  execution  of  the  said  judgment,  and  in  consideration  thereof, 

we,  L.  M.  and  S.  T.,  undertake  and  promise  to,  and  with  the  said  A.' 

B.,  that  if  judgment  be  rendered  against  the  said  C.  D.,  on  the  said 

appeal,  and  execution  thereon  be  leturned  unsatisfied  in  whole  or  in 

part,  we  will  pay  the  amount  unsatisfied:  [//'  the  appeal  is  made  by 

a  tenant,  add:  And  we  do  further  promise  and  undertake,  to  and 

•with  tlie  said  A.  B.,  that  the  said  C.  D.  shall  punctually  pay  all  rent 

Accruing  or  to  accrue  upon  said  premises  subsequent  to  the  applica- 


«  A  copy  of  the  afTidarit  for  appeal,  and  a  notice  of  the  appeal,  must  be  served  on  the  op. 
posile  party,  within  twenty  days  after  the  rendition  of  the  judgincni,  nnd  also  on  the  jiisiio*. 
If  the  party  be  a  resideiii  of  the  county,  the  service  maybe  personal,  or  by  leaving  the  copy  r.f 
the  aflRlavii  and  notice  at  his  residence,  wiih  some  person  of  suitable  a^e  and  discrciion  ;  if 
not  a  resident,  the  service  may  be  on  the  attorney  or  agenl,  if  any,  wiio  ia  a  resideiil  oi  t* 
eity  or  county,  who  appeared  for  him  on  the  irial. 


lAiniLORD  AKD  TENAJSTT.  406 

*ion  to  the  Justice,  at  tlie  time  or  times  -when  the  same  becomes  due 
and  payable,  and  that  in  default  thereof,  we  will  pay  the  same.] 
Witness  our  hands  and  seals,  this  day  of 

18      . 

L.  M.     [l.  s.] 
S.  T.      [l.  s.] 
I  approve  of  the  above  undertaking  and  the  surety  [or,  sureties,] 
therein  mentioned, 

J.  P.  H.,  County  Judge. 


§  751.     Petition  and  Affidavit,  where  Premises  are  Vacated. 

To  S.  T.,  one  of  the  Justices  of  tlie  Peace  of  the  county  of  : 

Tlie  petition  of  A.  B.,  of  in  said  county,  respectfully 

sliowetli:    That  he  demised  to  C.  D.,  of,  &c.,  the   premises  lately 
occupied  by  the  said  C.  D.,  on  street,  in  the  village  of 

in  said  county,  for  the  term  of  one  year  from  tlie  day  of  , 

one  thousand  eight  hundred  and  ,  at  the  yearly  rent  of 

dollars,  payable'quarter  yearly ;    that  the  said  C.  D.  entered  into  the 
possession  of  the  said  premises  as  tenant  thereof,  by  virtue  of  the  said 
demise,  and  is  now  indebted  to  your  petitioner  in  the  sum  of 
dollars,  for  one  quarter's  rent  of  the  smd  premises,  due  the  day 

of  ,18        ;  and  that  he  has  deserted  the  same,  leaving  the 

said  rent  in  arrear,  and  the  premises  unoccupied  and  uncultivated. 

Your  petitioner,  therefore,  requests  that  you  go  upon  and  view  the 
premises,  and  if  satisfied,  upon  such  view,  that  the  premises  are  so 
deserted,  that  you  affix  a  notice  in  writing  upon  a  conspicuous  part 
tliereof,  requiring  the  tenant  to  appear  and  pay  the  said  rent 
Dated  the  day  of  ,  18       .  A.  B. 

County,  ss: 
A.  ^.,  of  said  county,  being  duly  sworn,  says,  that  the  facts  set 
forth  in  the  above  petition  subscribed  by  him,  are  true. 
Sworn,  (fee,  [as  in  §  731.] 


§752.     Notice  of  Jmtice  on  Foregoing  Petition. 

NOTICE. 

To  C.  D.,  of  : 

You  are  hereby  notified,  that  at  the  request  of  A.  B.,  yotir  land- 
lord, and  upon  due  proof  made  to  me  that  he  had  demised  to  you  the 
premises  upon  which  this  notice  is  affixed,  and  that  you  wcre^  io 
arrear  for  one  quarter's  tent,  amounting  to  dollars ;  and  that 

y^u  had  deserted  the  premises,  leaving  such  rent  in  ajrrcar,  and  left 


40d  Ksw  clerk's  assistant. 

them  unoccupied  and  uncultivated,  I  have  viewed  liio.  said  premises, 
and  am  satisfied,  upon  such  view,  that  the  same  have  been  so  desert- 
ed ;  Therefore,  you  are  hereby  required  to  appear,  on  the        day  of 
,  at  o'clock  in  the  noon,  at  the  place  where  thi? 

notice  is  afiixed,  and  pay  the  rent  due,  or  the  landlord  will  be  put  in 
possession  of  the  premises. 

Dated  the  day  of  ,  18      . 

S.  T.,  Justice  of  the  Peace. 


§  753.     Record  of  Justice,  where  Premises  are  Deserted} 

State  of  New  York,  )    g. 
County, ) 

Be  it  remembered,  that  on  the  day  of  ,  one 

thousand  eight  hundred  and  ,  A.  B.,  by  petition  presented  to 

me,  set  forth  that  he  had  demised  to  C.  D.,  &c.,  [as  in  petition;']  and 
for  wliich  there  is  now  due  to  the  said  A.  B.,  for  arrears  of  rent  for 
the  same,  the  sum  of  dollars ;  that  C.  D.  deserted  the 

premises,  leaving  the  said  rent  in  arrear,  and  left  the  p^-emises  un- 
occupied and  uncultivated;  whereupon,  at  the  request  of  the  said 
A.  B.,  and  upon  due  proof  of  the  facts  set  forth  as  above,  I  did  go 
upon  and  view  the  premises,  and  was  satisfied,  upon  such  view,  that 
the  premises  were  so  deserted :  Therefore,  a  notice  in  writing  was 
affixed  by  me  upon  the  front  door  of  the  dwellmg-house  thereupon, 
requiring  the  said  C.  D.  to  appear  on  the  day  of  , 

at  o'clock  in  the  noon,  at  the  place  where  the 

said  notice  was  so  afiixed,  and  pay  the  rent  due ;  at  which  time  and 
place  I  again  viewed  the  premises,  and  the  tenant  not  appearing  and 
denying  that  any  rent  was  due  to  the  landlord ;  nor  he,  nor  any  per- 
son for  him  appearing  to  pay  the  rent  in  arrear,  I  did  put  the  said 
A  B.,  the  landlord,  in  possession  of  the  premises  above  mentioned, 
free  and  clear  of  any  demise  to  the  said  C.  D.,  the  same  being  by 
law  from  thenceforth  declared  void. 

Witness  my  hand,  this  day  of  ,  18       . 

S.  T.,  Justice,  &c. 

'  If  the  tenant  appear  at  the  time  specified  in  the  notice,  and  deny  that  any  rent  is  due  to 
the  landlord,  all  proceedinga  will  cease  ;  but  if,  upon  the  second  view,  the  tenant  or  some 
one  for  him,  does  not  appear  and  pay  the  rent  in  arrear,  then  the  Justice  may  put  the  land- 
lord into  possession,  and  any  demise  of  the  premises  to  the  tenant  will,  from  thenceforth,  be- 
come void.  An  appeal  from  the  Justice's  proceedings  may  be  made  by  the  tenant,  at  any 
time  within  three  mouths  after  such  possession  is  delivered,  to  the  County  Court  of  the 
county.  Security  is  to  be  given  satisfactory  to  the  Justice,  as  m  §  754.  and  lie  is  also  to  bt 
Bcrved  with  noiice  of  the  appeal.  The  Jusiice  must  servo  the  landlorct  with  the  like  »oiiee 
of  the  appeal,  and  return  tne  proceedings  had  before  him  to  the  court,  within  ten  days  after 
the  notice  ami  security  shall  be  given  by  the  tenant.  The  court  is  required  to  examine  the 
proceedings,  and  hear  the  prools  and  allegations  of  the  parties,  in  some  summary  way,  and 
such  court  may  order  restitution  of  the  premises  to  be  made  to  the  tenant,  wiih  costs  to  be 
paid  by  ihe  landlord  ;  ia  case  of  atfirmation,  cost  may  be  awarded  against  the  tenant. 


LAKDLORD  AND  TENANT.  407 

§  754.  Bond  on  Appeal  from  Justice^);  Proceedings. 

Know  all  men,  (fee. ;  [as  in  the  usual  form,  to  the  condition,  and 
tlien  add:]  Whereas,  ceitain  proceedings  have  been  had,  at  the  in- 
stance of  A.  B.,  against  C.  D.,  before  S.  T.,  one  of  the  Justices  of 
the  Peace  of  the  county  of  ,  under  color  of  the  pro- 

visions  of  the  statute  authorizing  summary  proceedings  to  obtain 
possession  of  demised  premises  when  deserted  by  the  tenant;  whereby 
tlie  said  A.  B.  was,  on  the  day •  of  last,  put  into 

the  possession  of  certain  premises  by  him  demised  to  the  said  C.  D., 
from  which  proceedings  the  said  C.  D.  hath  appealed  to  the  County 
Court  of  said  county. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the 
said  C.  D.  sliall  Avell  and  truly  pay  to  the  said  A.  B.  all  costs  of  such 
appeal  which  may  be  adjudged  against  such  tenant,  then  this  obliga- 
tion shall  be  void ;  otherwise  of  full  force. 

Sealed  and  delivered  )  C. 

in  presence  of  >-  E. 

A.  U.  ) 

I  approve  of  this  bond  as  the  security  for  tlie  appeal  therein  men- 
tioned. S.  T.,  Justice. 


!.  D.  [l.  s.] 
J.  F.  [l.  S.J 


§  755.     Kotice  to  the  Justice  of  the  Appeal. 

To  S.  T.,  Esq.,  Justice  of  the  Peace: 

Sir :  I  have  appealed,  and  do  hereby  appeal,  to  the  County  Court 
of  the  county  of  ,  from  your  proceedings  at  the  instance  of 

A.  B.,  by  which  he  has  been  put  in  possession  of  the  premises  lately 
occupied  by  me,  in  the  town  of  ,  in  the  county  of  , 

under  color  of  the  provisions  of  the  statute  authorizing  summarj^  pro- 
ceedings to  recover  possession  of  lands  in  certain  cases :  And  of  this 
you  Avill  take  notice,  and  return  the  proceedings  had  before  you  to 
the  said  court,  within  ten  days.     Dated  the  day  of        ,18. 

Yours,  &c.,  C.  D. 


§  756.     Notice  to  the  Landlord  of  the  Appeal. 
ToA.  B.: 

Sir:  You  will  take  notice,  that  C.  D.,  upon  giving  the  required 
security,  has  this  day  appealed  to  the  County  Court  of  the  county 
of  ,  from  my  proceedings  at  your  instance,  and  by  Mhich 

you  have  been  put  in  possession  of  the  premises  situate  in  ,  in 

ssiid  county,  and  demised  by  you  to  the  said  C.  D.,  for  the  term 
ot  years. 

Dated  this  day  of  ,18 

Yours,  ic,  S.  T.,  Justice. 


408  RBW  clerk's  assistant. 

§  757.   Complaint  for  Forcible  Entry,  and  AJtdavtt.i 

County,  ss: 
The  complaint  of  A.  B.,  of  ,  in  said  county,  to  G,  H.,  Esq., 

County  Judge  of  said  county,  showeth:  That  C.  D.,  of  ,  afore- 

said, on  the  day  of  ,  in  the  year  ,  at  the  town 

of  ,  in  the  county  of  ,  aforesaid,  did  unlawfully  make  a 

forcible  entry  into  the  lands  and  possessions  of  this  complainant,  to 
wit:  the  dwelling-house  and  appurtenances  of  this  complainant  there 
situate,  bounded,  &c.,  [insert  boundaries;^  and  then  and  there  did 
violently,  forcibly,  and  unlawfully,  and  with  strong  band,  eject  and 
expel  the  complainant  from  his  said  lands  and  possessions,  wherein 
this  complainant  had,  at  the  time  aforesaid,  an  estate  of  freehold,  [or, 
snch  other  estate,  as  the  case  may  5e,]  then  and  still  subsisting  ;  and 
that  the  said  C.  D.  still  doth  hold  and  detain  the  said  lands  and  pos- 
sessions from  the  said  A.  B.,  unlawfully,  forcibly,  and  with  strong 
hand,  and  against  the  form  of  the  statute  in  such  case  made  and  pro- 
vided. 

Dated  this  day  of  ,  in  the  year 

AB. 
County,  ss: 
A.  B.,  of  ,  in  said  county,  being  duly  sworn,  says,  that  the 

facts  and  circumstances  stated  and  set  forth  in  the  foregoing  com- 
plaint, by  him  signed,  are  true. 
Sworn,  &c.,  [as  m  §  731.]  A.  R 


§  758.  Precept  to  Summon  the  Jury  of  Inquiry. 

Coimty,  ss: 
To  the  Sheriff,  or  any  Constable,  of  the  County  of  : 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are  here- 
by commanded  to  cause  to  come  before  me,  at  the  house  of  , 
in  the  town  of  ,  in  said  county,  on  the  day  of  in- 
stant, at  o'clock  in  the  noon,  twenty-four  good  and  lawful 
inhabitants  of  the  said  county,  duly  qualified  by  law  to  serve  as  jurors, 


I  The  complaint  may  be  made  by  any  party  in  the  actual  and  peaceful  possession  of  lands 
at  the  time  a  forcible  entry  ia  made,  or  in  the  constructive  possession  where  there  is  a  forci- 
ble iiolding  out.  Upon  receiving  the  complaint,  the  Judge  issues  the  precept  to  summon  a 
jury,  to  the  Sheritf  or  a  Constable  of  the  county,  and  at  the  same  lime  notifies  the  party 
against  whom  the  complaint  is  made,  of  the  time  and  place  of  trial :  which  notice  is  to  he 
served  in  the  same  manner  as  directed  in  the  note  to  §  732.  At  the  time  appointed  for  tht 
■  return  pf  the  precept,  the  Judge  admmisiei-s  an  oath  to  the  persons  returned  summoned, 
who  appear,  not  bemg  less  than  thir'.een,  nor  more  than  twenty-threo,  woll  and  truly  to  in- 
quire into  the  matters  complained  of,  and  a  true  inquisicion  thereon  to  niuke.  The  jury  ilien 
proceed  to  iiKiuiie  into  the  mailer,  and  hear  the  testimony;  the  inquisition  is  to  be  iiiijdoaud 
signed  before  the  Judge,  and  delivered  to  him. 


LANDLORD  AND  TENANT.  409 

to  inqiiire  upon  their  oaths  for  the  said  people,  of  a  certain  forcible 
entry  and  detainer  unlawfully  made  by  C.  D.,  as  is  said,  into  the 
dwelling-house  of  one  A.  B.,  in  the  town  of  ,  in  said  county, 

against  the  form  of  the  statute  in  such  case  made  and  provided. 
And  have  you  then  there  this  precept 

Given  imder  my  hand,  the  day  of  ,  in  the  year 

G.  H.,  County  Judge. 


§  769.  Notice  to  the  Person  Complained  of. 
To  CD.: 

On  the  complaint  of  A.  B.,  of  the  town  of  ,  in  the  county 

of  ,  made  to  me,  the  undersigned,  G.  H.,  County  Judge  of 

said  county,  that  3'ou  did  unlawfully  make  a  forcible  entry  into  the 
dwelling-house  of  the  said  A.  B.,  situate  in  said  town,  and  bounded, 
\insert  description,'^  and  then  and  there  did  violently,  forcibly,  un- 
lawfully, and  with  strong  hand,  eject  and  expel  the  said  A.  B.  from 
his  Said  dwelling-house,  and  do  still  unlawfully  and  forcibly,  and  with 
strong  hand,  detain  and  hold  the  said  dwelling-house,  and  the  posses- 
sion thereof,  from  the  said  A.  B. :  I  have  this  day  issued  my  precept, 
directed  to  the  Sheriff,  or  any  Constable,  of  said  county,  commanding 
him  to  cause  to  come  before  me,  at  the  house  of  ,  in  the  town 

of  ,  in  said  county,  on  the  day  of  instant,  at 

o'clock  in  the  noon,  twenty-four  good  and  lawful  inhabitants  of 

the  said  county,  duly  qualified  by  law  to  serve  as  jurors,  to  inquire 
upon  their  oaths  of  the  said  forcible  entry  and  detainer  ;  of  all  which 
you  are  notified. 

Dated  this  day  of  ,  18    . 

G.  H.,  County  Judge. 


§  760.  Affidavit  of  Service  of  Preceding  Notice. 

Coimty,  ss: 

R  F.,  of  said  county,  being  duly  sworn,  says,  that  on  the         day 

of        instant,  he  served  a  notice,  of  which  the  annexed  is  a  copy,  ou 

C.  D.,  by  delivering  the  same  to  him  personally,  [or,  by  delivering 

the  same  on  the  premises  in  question,  to  A.  D.,  the  son  of  the  said 

C.  D.,  of  the  age  of  twenty  years  and  upwards,  because  the  said  C. 

D.  could  not  be  found  ;  or,  by  affixing  the  same  on  the  front  dcor 
•  of  the  house  in  question,  thei-e  being  no  person  on  the  premises ;  or^ 

by  affixing  the  same  on  the  post  at  the  prmcipal  entrance  of  said 


410  NEW  clerk's  assistant. 

premises,  being  a  public  and  suitable  place,  and  there  being  no  house 
or  person  on  said  premises.] 

Sworn,  (fee,  [as  in  §  731.]  R  F. 


§  761.  Inquisition  of  the  Jury. 
State  of  New- York, 
County, 

An  inquisition  taken  at  the  house  of  ,  in  the  town  of 

,  in  the  county  of  ,  on  the  day  of 

,  in  the  year  ,  by  the  oaths  and  affirmations  of  E. 

F.,  tfec,  \insert  the  names  of  the  jurors  sworn,  or  bij  whom  the  in- 
quisition is  signed,'\  inhabitants  of  said  county,  duly  qualified  to 
serve  as  jurors,  before  G.  H.,  Esq.,  County  Judge  of  said  county, 
who  say  upon  their  oaths  and  affirmotions  aforesaid,  that  A.  B.,  of 
the  town  of  ,  aforesaid,  long  since  had  an  estate  of  free- 

hold, [or,  as  the  estate  may  hef\  in  the  dwelhng-house,  with  the  ap- 
purtenances, situated  in  the  town  of  ,  aforesaid,  and 
bounded,  (fee,  [as  in  complaint;']  and  that  the  said  A.  B.  was  long 
since  lawfully  and  peaceably  possessed  thereof;  and  that  his  said  es- 
tate and  possession  so  subsisted  and  continued,  until  C.  D.,  of  the 
same  place,  on  the  day  of  ,  &c.,  did  forcibly 
and  unlawfully,  and  with  strong  hand,  enter  into  the  said  land  and 
premises,  and  expel  him,  the  said  A.  B.,  therefrom ;  and  the  said  A. 
B.,  so  expelled  from  the  said  dwelling-house,  with  the  appurtenances 
aforesaid,  from  the  said  day  of,  (fee,  until  the  day  of  the 
taking  of  this  inquisition,  unlawfully  and  forcibly,  and  with  strong 
hand,  did  keep  out,  and  doth  yet  keep  out,  to  the  great  disturbance 
of  the  people  of  the  State  of  New  York,  and  contrary  to  the  form 
of  the  statute  in  such  case  made ;  and  that  the  SEiid  estate  of  the 
said  A.  B.  still  subsists  therein.. 

And  we,  the  jurors  aforesaid,  whose  names  are  hereto  set,  do,  on 
the  evidence  produced  before  us,  find  the  inquisition,  aforesaid,  true. 

E.  F.,  &c.,  &c. 


§  762.    Venire  for  Petit  Jury. 

County,  ss: 
To  the  Sheriff,  or  any  Constable,  of  said  County,  greeting: 

The  People  of  the  State  of  NeAV  York  command  you  to  summon, 
personally,  twelve  good  and  lawful  men  of  the  town  of  , 

'  If  the  inquisitioT  is  not  traversed  within  twenty-four  hours,  the  Judge  issues  his  warrant 
to  make  restitution  immediately.  The  party  complained  against  may,  however,  traverse 
the  inquisition,  in  writing,  (§  739,)  denying  the  forcible  entry  or  forcible  holding  out,  or  al- 


LANDLORD   AKD   TENANT.  ill 

In  said  county,  duly  qualified  to  serve  as  jurors,  and  not  exempt  from 
serA-ing  on  Junes  in  Courts  of  Record,  and  in  no  -wise  of  kin  to  A. 
B.,  or  to  C.  D.,  to  come  before  G.  H.,  Esq.,  County  Judge  of  said 
county,  at  the  house  of  ,  in  the  town  of  ,  afore- 

said, on  the  day  of  instant,  to  make  a  juiy  of 

the  county,  upon  their  oaths  to  try  a  certain  traverse  of  an  inquisidoa 
found  upon  the  complaint  of  A.  B.,  and  now  pending  before  the 
said  Judge,  against  C.  D.,  of  county,  for  a  certain  forcible 

and  unlawful  entry  made  by  the  said  C.  D.,  into  the  dwelling-house 
of  the  said  A.  B.,  in  the  town  of  ,  in  said  county,  and  for 

the  forcible  and  unlawful  detainer  thereof,  against  the  form  of  the 
statute  in  such  case  made  and  provided ;  and  that  you  make  a  list  of 
the  persons  summoned,  certify  and  annex  the  same  to  tliis  precept, 
and  make  return  hereof  to  me. 
Given,  <fec.,  [as  in  §  758.] 


§  763.      Warrant  to  the  Sheriff,  or  Constable,  to  make  Restitution} 
County,  ss: 

The  People  of  the  State  of  New  York,  to  the  Sheriff,  or  any  Consta- 
ble, of  said  County,  greedng: 

Whereas,  A.  B.,  of  ,  in  said  county,  did,  on  the  day 

of  last,  make  complaint,  duly  verified  by  oath,  to  the  under- 

signed, G.  H.,  County  Judge  of  said  county,  that  C.  D.,  of  , 

aforesaid,  on  the  day  of,  (fee,  [recite  the  complaint,  and  the 

tuhsequent  proceedings,  and  then  add:^ 

You  are,  therefore,  hereby  commanded  to  go  to  the  said  premises, 
taking  with  you  the  power  of  the  county,  if  necessary,  and  cause  the 


leging  that  he  or  his  ancestors,  or  those  whose  interest  he  claims,  have  been  in  quiet  pos- 
session of  the  premises,  for  three  whole  years  next  before  such  inquisition  found,  and  that 
his  interest  therein  is  not  ended  or  determined  ;  and  if  the  traverser  pay  to  the  Jndge  th3 
fees  of  summoning  a  jury  to  try  such  traverse, and  Ihejurors' and  Judge'sfees  on  such  trial,  all 
further  proceedings  on  the  complaint  will  be  stayed  until  the  traverse  be  tried.  Any  person 
may  make  atfulavii  before  the  Judtre,  that  the  party  complained  of  is  his  tenant,  under  a 
valid  subsisting  demise,  and  traverse  the  inquisition  in  like  manner.  Upon  such  traverse  be- 
ing made,  the  Judge  issues  his  precept  to  summon  twelve  jurors  to  try  the  same,  at  a  time 
not  less  than  four,  nor  more  than  eight  cays  thereafter.  Twenty-four  hours'  notice  to  % 
juror  is  sufficient.  The  jurors  are  to  be  impanneled  and  sworn,  as  in  civil  actions.  On  tho 
trial,  the  title  is  not  to  be  investigated  ;  except  so  far  as  the  complainant  is  required  to  show 
the  actual  or  constructive  possession  required  by  the  statute  ;  and  the  tenant  may  show  three 
years'  possession,  as  above  mentioned,  which  showiii!;  will  be  a  complete  bar  to  the  prosecu- 
tion. If  the  jury  lind  for  the  complainant,  the  Judge  issues  a  warrant  to  make  rcstiiution, 
unless  the  proceedinss  be  removed  to  the  Supreme  Court,  by  certiorari,  which  may  be  allow- 
ed by  a  Justice  of  the  Supreme  Court,  or  oilier  officer  authorized  to  perlorm  the  duties  of 
such  Justice  at  chambers. 

'  All  the  proceedings  are  to  be  recited  in  the  warrant  of  restitution,  and  the  Judge  is  requir- 
ed, in  the  same  or  m  a  separate  precept,  to  direct  the  costs  and  expenses  to  be  levied  and 
collected,  in  the  same  manner  as  on  judgments  injustices'  Courts,  in  personal  actions.  This 
form  of  warrant  may  be  adapted  to  either  case,  whether  the  original  inquisition  be  traversed, 
or  otherwise. 


412  NEW  clerk's  assistant. 

said  A.  B.  to  be  restored  and  put  in  full  possession  of  the  said  dwell- 
ing-house and  premises,  according  to  his  estate  and  right  therein 
before  the  said  entry,  in  pursuance  of  the  statute  in  such  csise  made 
and  provided. 

And  you  are  also  commanded  to  levy  the  sum  of  $  ,  of  the 

goods  and  chattels  of  the  said   C.  D.,  (excepting  such  goods  and 
chattels  as  are  by  law  exempt  from  execution,)  and  to  bring  the 
'  ';ioney  before  me  within  thirty  days  from  the  date  hereof,  to  render  ♦ 
he  said  A.  B. ;    and  if  no  goods  or  chattels  can  be  found,  or 
mfficient  to  satisfy  the  said  sum  of  money,  you  are  commandea 
take  the  body  of  the  said  C.  D.,  and  convey  him  to  the  common  jail 
of  the  said  county,  there  to  remain  until  the  said  sum  of  money,  and 
your  fees  for  collecting  the  same,  shall  be  satisfied  and  paid. 
Given,  &c.,  [as  in  §  758.] 


§  764.     Complaint  for  a  Forcible  Detainer,  or  Holding  Out  after 
a  Peaceable  Entry,  and  Affidavit. 

County,  ss: 
The   complaint   of  A.  B.,  of  ,  in   said   county,   to   G.   H., 

Esq.,  County  Judge  of  said  county,  showeth; 
That  the  said  A.  B.,  on  the  day  of        ,  in  the  year 

and  long  before  that  day,  had  an  estate  of  freehold,  [or,  ft  * 
years,  as  the  case  may  6e,]  in  all  that  certain  lot  of  land 
house  and  other  buildings  thereon,  and  the  appurtenances,  w 
the  town  of  ,  in  said  county,  bounded  as  follows:  [ 

description,^ ;  and  which  said  estate  of  freehold  [or,  which  said  te^ 
of  years]  is  still  subsisting ;  And  that  C.  D.,  of  the  town  of  , 

aforesaid,  on  the  'day  of  ,  aforesaid,  while  the  said  A.  B. 

was  in  the  possession  of  the  said  premises,  entered  thereon  in  a  peace- 
able manner,  and  thenceforth  by  force,  and  with  strong  hand,  hath 
held  and  kept,  and  still  holds  and  keeps,  the  said  A.  B.,  out  of  the 
possession  thereof,  contrary  to  the  form  of  the  statute  in  such  case 
made  and  provided. 

County,  ss : 

A.  B.,  of  ,  in  said  county,  being  duly  sworn,  says,  <fec, 

[as  in  the  affidavit  to  §  757,  to  the  end.'\ 


CHAPTER  XXVn. 
LUNATICS. 

PRACTICAL     REMARKS. 

1,  No  patient  can  be  admitted  into  the  State  Lunatic  Asylum,  at 
Utica,  except  upon  an  order  of  some  Court,  Justice,  or  Judge,  with- 
out lodging  with  the  Superintendent, —  first,  a  request  under  the 
hand  of  the  person  by  whose  direction  he  is  sent,  stating  hh  age  and 
place  of  nativity,  if  known ;  his  christian  and  surname,  place  of  resi- 
dence, occupation,  and  degree  of  relationship,  or  other  circumstances 
of  connection  between  him  and  the  person  making  the  request,— 
aiid  second,  a  certificate,  dated  within  two  months,  under  oath,  signed 
by  two  respectable  physicians,  of  the  fact  of  his  being  insane.  Each 
person  signing  such  request  or  certificate,  must  annex  to  his  name 
his  profession  or  occupation,  and  the  town,  county,  and  state,  of  his 
residence,  unless  these  facts  appear  upon  the  face  of  the  document' 

2.  When  a  person  in  indigent  circumstances,  not  a  pauper,  becomes 
insane,  application  may  be  made  in  his  behalf  to  the  County  Judge 
of  the  county  in  which  he  resides ;  and  said  Judge  is  required  to 
give  reasonable  notice  to  one  of  the  superintendents  of  the  poor  of 
the  county,  or  overseer  of  the  town,  to  be  charged  with  the  support 
of  the  lunatic,  and  to  call  tAvo  respectable  physicians,  and  other  cre- 
dible witnesses,  and  investigate  the  facts  of  the  case,  cither  with  or 
without  a  jury,  at  his  discretion.  If  the  Judge  is  satisfied  of  the 
insanity  and  indigence  of  the  person,  and  that  he  became  so  Avithin 
one  year  prenous,  he  will  give  his  certificate,  which,  if  authenticated 
by  the  County  Clerk  and  seal  of  the  County  Court,  will  admit  such 
person  into  the  Asylum,  to  be  supported- there  at  the  expense  of  his 
county,  until  he  be  restored  to  soundness  of  mind,  if  cflfected  in  two 


>  Laws  of  1842,  chap.  136,  (  19. 


414  NEW  clerk's  assistant. 

years.  On  granting  the  certificate  tiie  Judge  may,  in  his  discretion, 
require  the  friends  of  the  patient  to  give  security  to  the  Superin- 
tendent of  the  Poor  of  the  county  to  remove  the  patient  from  tht 
Asylum  at  the  end  of  two  years,  in  case  he  does  not  recover.' 

3.  The  expenses  of  a  lunatic  sent  to  tlic  Asylum  in  indigent  cir- 
cumstances, but  not  a  "  pauper,"  or  "  furiously  mad,"  cannot  be 
charged  to  his  town  by  the  county.' 


FORMS. 

§  765.  Request  to  Svptrintendent  for  the  Admission  of  a  Patient. 

To  C.  R.,  Esq.,  Superintendent  of  the  State  Lunatic  Asylum  at 
Utica: 
I  hereby  request  that  C.  D.,  [give  the  name  of  the  patient  in  full,] 
my  son,  [or,  lately  in  my  employ :  or,  as  the  case  may  be,]  who  re- 
sides in  the  town  of  ,  in  the  county  of  ,  and  State 
of  ,  may  be  admitted  as  a  patient  into  the  said  asylum.  Said 
C.  D.  was  born  in  the  town  [or,  parish]  of  ,  in  the  county 
of  ,  and  State  [or,  kingdom ;  or,  province,]  of 
his  age  is  years,  and  his  occupation  a  clerk,  [or,  as  the  case 
may  be.] 

A.  B.,  Merchant,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of 


§  766.   Certificate  of  Physicians  to  Accompany  the  Bequest. 

In  the  matter  of  ) 
C.  D.,  a  lunatic:    j 

We,  the  undersigned  physicians,  residing  in  the  town  of  , 

in  the  county  of  ,  and  State  of  New  York,  do  hereby  certify, 

that  we  have  carefully  examined  into  the  mental  state  and  condition 
of  C.  D.,  above  named ;  and  that,  in  our  opinion,  formed  upon  such 
examination,  the  said  C.  D.  is  insane. 

Given  under  our  hands,  this  day  of  ,  18     . 

L.  B. 
S.  W. 


>  Laws  of  1842,  chap.  135,  §  26 ;  Laws  of  I     «  7  Hill,  171, 
1660,  chap.  283.  | 


UJNATIC8.  415 

County,  ss : 
L.  B   and  S.  W.,  of  said  county,  being  by  me  severally  sworn, 
depose  and  say,  and  each  for  himself  deposes  and  says,  that  the  facts 
stated  and  set  forth  in  the  above  certificate,  by  him  signed,  are  true. 
Sworn  to,  this         day  of        ,  )  L.  B. 

18     ,  before  me,  j  S.  W. 

H.  T.  C,  Justice  of  the  Peace. 


§  767.  Application  to  County  Judge,  and  Affidavit. 
To  the  Hon.  J.  P.  H.,  County  Judge  of  the  County  of  : 

The  petition  of  A.  B.,  of  the  town  of  ,  in  said  county, 

respectfully  showeth :  That  C.  D.,  now  a,  resident  of  the  said  town, 
is,  and  for  the  term  of  years  last  past,  has  been,  a  lunatic; 

that  he  is  now  in  the  care  and  custody  of  E.  F.,  at  the  town  afore- 
said ;  that  he  is  in  indigent  circumstances,  and  has  no  property  in  his 
own  possession,  or  held  by  any  person  in  trust  for  him,  sufficient  for 
his  support,  [or,  for  the  support  of  himself  and  family,]  under  the 
visitation  of  insanity  aforesaid :  Your  petitioner  therefore  prays,  that 
an  examination  and  investigation  may  be  had  in  the  premises,  pursu- 
aht  to  the  provisions  of  the  act  entitled  "  An  Act  to  organize  the  State 
Lunatic  Asylum,  and  more  effectually  to  provide  for  the  care,  main- 
tenance, and  recovery  of  the  insane,"  passed  April  7,  1842,  and  the 
act  entitled  "An  Act  in  relation  to  the  State  Lunatic  Asylum,"  passed 
April  10,  1850. 

A.  B. 
County,  ss: 

A.  B.,  of  said  county,  being  duly  sworn,  says,  that  the  facts  and 
circumstances  stated  and  set  forth  in  the  foregoing  petition,  by  him 
signed,  are  true. 

Sworn,  &c.,  [as  in  §  766.]  A.  B. 


§  768.   Order  of  Judge  on  the  Foregoing  Petition. 

In  the  matter  of  C.  D.,       ) 
an  alledged  indigent  lunatic:  j 

Upon  the  petition  of  A.  B.,  of  £he  town  of  ,  in  the  county 

of  ,  herein  presented  to  me,  and  duly  verified,  it  is  ordered: 

That  J.  T.  P.  and  D.  D.,  two  respectable  physicians  of  the  said 
county,  be  hereby  designated  and  appointed,  pursuant  to  the  provis- 
ions of  the  act  entitled,  &c.,  [as  in  §  707,]  to  examine  the  said  C. 
D.  in  respect  to  his  alledged  insanity,  within  days  after  they 

shall  be  respectively  served  with  a  copy  of  this  order,  certified  by 
me ;  and  that  they  appear  before  me  at  my  oflfice  ia  ,  on  th© 


410  HEW  clkrk's  assistant. 

day  of  instant,  [or,  next,]  at  o'clock  in  the 

noon,  and  certify  their  respective  opinions  *.n  relation  thereto; 
and  that,  at  the  time  and  place  aforesaid,  other  vitnesses  be  exam- 
ined touching  the  mental  condition  and  pecuniary  circumstances  of 
the  said  C.  D. 

J.  P.  H.,  County  Judge  of  the  county  of 


§  V69.  Subpoena  to  Witness. 
County,  ss: 
*o  E.  F.,  0.  P.,  &c.,  &c.,  of  said  County,  greeting: 

You,  and  each  of  you,  are  hereby  commanded,  in  the  name  of  the 
people  of  the  State  of  New  York,  to  appear  before  me,  at  my  office 
in  ,  on  the  day  of  instant,  [or,  next,]  at 

o'clock  in  the  noon,  to  testify  what  you,  or  oitner 

of.  you,  may  knoAv,  touching  the  mental  condition  and  pecuniary  cir- 
cumstances of  C.  D.,  now  of  the  town  of  ,  in  said  county. 
Given  under  my  hand,  at             ,  this         day  of  ,  18     . 

J.  P.  H.,  County  Judge,  (fee. 


§  V70.  I^otice  to  Superintendent  or  Overseer. 
To  E.  F.,  one  of  the  Superintendents  of  the  Poor  of  the  County  of 
[or,  an  overseer  of  the  poor  of  the  town  of  in  the 

County  of  .] 

Sir:  You  will  please  take  notice  that  an  apphcation  has  been 
made  to  me  in  behalf  of  C.  D.,  of  in  said  county,  an  allcdged 

indigent  lunatic,  praying  for  an  examination  and  investigation  under 
the  act  entitled  "An  Act  to  organize  the  State  Lunatic  Asylum,  &c.," 
passed  April  7,  1842,  and  the  act  entitled  "An  Act  in  relation  to 
the  State  Lunatic  Asjd urn,"  passed  April  10,  1850;  and  that  a  hear- 
ing upon  the  said  application  will  be  had  at  my  office  in  the  of 
,  on  the  day  of  ,  instant,  [or,  next,]  at 
ten  o'clock  in  the  forenoon  of  that  day. 

Yours,  (fee, 
J.  P.  H.,  County  Judge  of  said 
County  of  • 


§  771.    Certificate  of  Physicians,  and  Affidavit. 
In  the  matter  of  C.  D.,       ) 
an  alledged  indigent  lunatic :  J 

We  do  hereby  certify,  that  in  pursuance  of  the  order  of  J.  P.  H., 
Coxmty  Judge  of  the  county  of  ,  made  in  the  above  entitled 


LUKATIC8,  417 

matter,  and  bcarinsr  date  the  day  of  ,18      ,  vre  have 

carefully  examined  into  tlie  mental  state  and  condition  of  C.  D., 
above  named,  and  particulai-ly  in  reference  to  his  fdledged  insanity; 
and  tliat,  in  our  opinion,  derived  from  such  examination,  the  said  C. 
D.  is  a  confirmed  lunatic. 

Given  under  our  hands,  this  day  of  ,  18     . 

J.  T.  P. 
D.  D. 
County,  ss: 
J.  T.  P.  and  D.  D.,  of  said  coxmty,  being  by  me  severally  sworn, 
depose  and  say,  and  each  for  himself  deposes  and  says,  that  the  facts 
stated  and  set  forth  iu  the  foregoin<i[  certidcate,  by  them  signed,  are 
true.  J.  T.  P. 

Sworn,  (fee,  [as  in  §  7C6.]  D.  D. 


§  772.   Certijicale  of  Judge} 

In  the  matter  of  C.  D.,      ) 
an  alledged  indigent  lunatic :  j" 

•  AppHcation  having  been  made  to  me,  by  A.  B.,  of  the  town  of 
,  in  the  county  of  ,  for  an  examination  into  the 

mental  state  and  condition,  and  alledged  indigence,  of  C.  D.,  of  the 
said  town  of  ,  under  the  provisions  of  the  act  entitled,  &c., 

[(IS  in  §  707 :]  I  thereupcjn  appointed  J.  T.  P.  and  D.  D.,  two  re- 
spectable physicians  of  the  saiJ  county,  to  examine  said  C.  D.,  who 
have  appeared  befoie  me,  and  cerlilied  that  the  said  C.  D,  is  a  con- 
fii-med  lunaUc ;  and  I  have  also  taken  the  deposilions  of  witnesses 
touching  the  indigence  and  lunacy  of  the  Scud  C.  D. :  Now,  there- 
fore, I  do  hereby  adjudge  and  certify,  th;it  it  satisfactoiily  appears  to 
me,  from  said  certiticate  and  depositions,  that  the  said  C.  D.  is  a  luna- 
tic, that  he  became  such  lunatic  within  one  year  prior  to  the  date 
hereof,  that  he  has  no  estate  of  any  kind,  either  in  possession,  or 
held  by  any  person  in  li-ust  for  him,  sufficient  for  his  support,  [or, 
for  the  support  of  himself  and  his  family,]  under  the  visitaUon  of 
insanity  as  aforesaid. 

Given,  (kc,  [as  in  §  769.] 

J.  P.  H.,  County  Judge,  &e. 


J  The  depositions  taken  before  the  Jiicl5e9  sIiouM  be  rediired  to  writin;,  and  entitled  as  in 
S772.  The  ceiiilicaiu  »f  the  |.hysi,;i;iiis.  Hiid  i.iher  papers,  logt-iliur  with  a  report  ol  the 
proceedings  and  tlie  decision,  ere  to  Uc  tiled  by  llli;  .Iuda;c  in  llie  ollice  ol  ihe  County  Clerk 
Ue  is  altio  required  to  repon  iIm  facts  lo  the  Jioard  of  Supervisors. 

27 


CHAPTER  XXVIII. 

MECHMICS'  AND  LABOEERS'  LIEN. 

PRACTICAL      REMARKS. 

1.  Any  person  who,  by  virtue  of  any  contract  with  the  owner  or 
his  agent,  or  any  person  who,  in  pursuance  of  any  agreement  with 
any  such  contractor,  and  in  conformity  with  tlie  terms  of  the  contract 
with  such  owner  or  agent,  performs  any  labor,  or  furnishes  materials, 
in  building,  altering  or  repairing,  any  house  or  other  building,  or  ap- 
purtenances, in  the  several  cities  of  the  State,  and  in  the  villages  of 
Williamsburgh,  Geneva,  and  Canandaigua,  has  a  lien  upon  such  house 
or  building,  and  appurtenances,  and  upon  the  lot  on  which  the  same 
may  stand,  to  the  extent  of  the  owner's  interest  therein ;  but  the  ag- 
gregate of  all  the  liens  for  labor  and  matenals,  in  any  case,  is  not  to 
exceed  the  price  stipulated  to  be  paid  therefor  by  the  owner  or  his 
agent  In  order  to  perfect  this  lien,  specifications  of  the  work  to  be 
performed,  or  materials  to  be  furnished,  stating  the  prices  to  be  paid 
therefor,  or  a  true  copy  of  the  contract,  if  there  be  any  in  writing, 
must  be  tiled  in  the  office  of  the  Clerk  of  the  county,  and  a  notice 
thereof  served  on  the  owner,  or  liis  agent,  within  twenty  days  after 
making  such  contract,  or  commencing  such  labor,  or  furnishing  such 
materials.  The  County  Clerk  enters  in  a  book  alphabetically,  the 
names  of  the  owners,  and  opposite  to  them  the  names  of  the  contract- 
ors, or  laborers,  or  other  persons  claiming  a  lien,  and  the  lot  of  land 
on  which  the  work  is  to  be  done,  or  materials  furnished,  and  the  time 
of  filing  the  specification,  or  copy  of  the  contract.  The  book  in 
which  these  entries  are  made,  is  called  "  Tlic  Mechanics'  and  Labor- 
ers' Docket."  The  hen  thus  created,  takes  eflFect  from  the  time  of 
the  filing  of  the  specification,  or  copy  of  the  contract,  and  continues 
in  force  for  the  space  of  one  year  thereafter. 

2.  In  order  to  enforce  this  lien,  the  owner,  contractor,  laborer,  or 


mechanics'  and  laborers'  lien.  419 

person  furnisliing  materials,  must  serve  a  notice  on  the  other  party, 
personally,  to  appear  and  submit  to  an  accounting  and  settlement,  in 
the  Court  of  Common  Pleas  of  the  city  and  county  of  New  York,  or 
in  the  County  Court,  or  any  Justice's  Court  of  such  county,  (except 
in  New  York,)  or  in  the  ]\Iarinc  Court  in  the  city  of  New  York,  as  in 
the  form  hereinafter  given.  Within  ten  days  after  service  of  such 
notice,  the  owner,  or  his  agent,  is  to  be  personally  served  with  a  bill 
of  the  particulars  of  the  amount  claimed  to  be  due,  and  with  a  notice 
to  produce  a  bill  of  particulars  of  any  offset  which  may  be  chtimed, 
witliin  ten  days  thereafter.  If  the  contractor,  laborer,  or  person  fur- 
nishing mateiials,  does  not  appear  and  produce  his  claim,  in  pursu- 
ance of  the  notice  to  be  served,  as  aforesaid,  he  loses  his  lien.  If 
the  owner  does  not  appear,  his  default  may  be  entered,  and  a  writ  of 
inquiry  issued  to  the  Sheriff  ;  or,  if  in  the  Marine  Court  of  the  city 
of  New  York,  or  in  a  Justice's  Court  in  any  other  city  or  county,  the 
damages  may  be  assessed,  and  judgment  rendered,  and  execution 
issued  thereupon,  as  in  actions  on  contract.  Where  the  parties  ap- 
pear, issue  must  be  joined  on  the  claims  made;  notices  of  set-off  and 
of  trial,  if  necessaiy,  be  served  ;  and  the  same  proceedings  had  as  in 
actions  on  contract. 

3.  Within  thirty  days  after  labor  has  been  performed,  or  materials 
furnished,  the  person  claiming  payment  therefor  must  either  deliver 
to  the  owner,  or  his  agent,  a  statement  in  writing,  signed  by  himself 
and  the  contractor,  specifying  how  much  is  due,  or  take  the  neces- 
sary proceedings  against  the  contractor,  as  above  dhected  ;  otherwise 
the  lien  Avill  be  lost. 

4.  The  owner  is  required  to  pay  the  amount  agreed  to  be  due  by 
the  statement  of  the  laborer  and  contractor,  or  the  judgment,  if  any 
be  recovered  ;  which  will  be  deemed  a  payment  on  the  contract.  If 
the  owner  neglect  to  pay  the  sum  due,  for  ten  days  after  service  of 
the  statement,  or  of  a  transcript  of  the  judgment,  the  Clerk  of  the 
county,  on  having  filed  with  him  a  duplicate  copy  of  the  statement 
signed  by  the  laborer,  or  person  furnishing  materials,  and  the  con- 
tractor, as  aforesaid,  with  an  affidavit  that  the  same  is  a  true  copy, 
or  a  transcript  of  the  judgment,  Avith  an  affidavit  of  demand  of  tiie 
amount  due,  of  the  owner  or  agent,  and  of  the  refusal  or  neglect  to 
pay,  may  issue  an  execution  against  such  owner,  in  the  same  form 
as  upon  a  judgment  recovered  on  contract,  on  the  day  of  the  attach- 
ing of  such  hen,  reciting  that  such  execution  is  issued  pursuant  to 
the  tenth  section  of  the  act  of  1844  ;  which  execution  will  be  sub- 
ject to  the  jurisdiction  and  control  of  the  court,  as  are  also  the  liens 
and  judgments  docketed  by  virtue  of  the  foregoing  provisions. 

5.  Any  person  who  shall  furnish  materials,  or  perform  any  labor, 
as  above  specified,  may  certify  to  the  owner,  or  his  agent,  at  any  time 
previous  to,  or  during  the  progress  of  the  work,  that  he  will  discharge 
such  owner,  or  lais  agent,  from  any  liability  on  the  lien  ;  and  such. 


420  NEW  clerk's  assistant. 

certificate,  executed  by  the  person  in  presence  of  a  subscribing  -wit- 
ness, will  be  conclusive  in  baning  such  person  from  anj  lii-n.' 

6.  There  is  a  special  lien  law  applicable  to  the  county  of  Richmond 
only,  Avhich  may  bu  found  in  Volume  111,  of  the  He  vised  Statutes, 
(3ded.)  p.  717. 


FORMS. 

§  773.  Notice  to  Owner  or  Agent,  of  Filing  Specification. 

Sir:  You  will  please  to  take  notice,  that  I  have  this  day  filed  in 
the  office  of  the  Clerk  of  the  county  of  ,  a  specification  of  work, 
\or,  materials,]  conti'acted  to  be  performed  [or,  furnished]  by  me, 
and  the  prices  agreed  to  be  paid  for  the  same,  by  E.  F.,  of  the  city 
\or,  village]  of  :  and  that  the  said  work  is  [or,  materials  are] 

to  be  done  [or,  furnished]  upon  and  for  the  dwelling-house  known  as 
number  ,  in  street,  in  said  city,  \or,  village.] 

Dated  ,  the  day  of  ,  18     . 

CD. 

To  Mr.  A.  B.,  of 


§  774.  Notice  of  Filing  Contract. 

Sir:  You  will  please  to  take  notice,  that  I  have  this  day  filed  in 
the  oifice  oi  the  County  Clerk  of  the  county  of  ,  a  true  copy 

of  a  contract,  made  and  executed  between  E.  F.,  of  the  city  [or, 
village]  of  ,  and  the  undersigned  C.  D.,  dated  the  day 

of  ,  18      :     and  that  the  said  contract  relates  to  work  or 

labor  to  be  done  \or,  materials  to  be  furnished]  on  or  about  the 
dwelling-house  known  as  number  ,  in  street,  in  said 

city,  [or  village.] 

Dated,  ikc,  [as  in  §  773.]  C.  D. 


§  775.  Notice  to  Appear  and  Submit  to  Account,  <i:c} 

Sir:  You  Avill  please  to  take  notice,  that  you  are  required  to  ap- 
pear in  the  Court  of  Common  Pleas  of  the  city  and  county  of  New 
York,  [or,  the  County  Court  of  the  county  of  ;  or,  before  G. 

•  Laws  onS4l.  chap.  220;  M..  chap.  305;  Lawn  of  If^lfi;  chap.2:j5;  411111.193:  7M.,52i 

•  Tlie  imiire  luusi  be  iwrvej  twenty  C'e",  »n  'l»e  ciiy  of  New  York,)  days  belbre  the  tioM 
for  appearance. 


mechanics'  and  laborers'  lien.  i21 

H.,  Esq.,  a  Justice  of  the  Peace  of  the  county  of  ,]  cither  in  pci^ 
sou  or  by  attorney,  on  the  day  of  next,  and  submit  to  an 

accounting  and  settlement  in  said  court,  of  the  amount  due,  or 
claimed  to  be  due,  fur  work  and  lubor  done  [or,  materials  furnished] 
by  the  undersigned,  under  a  contract  made  between  E.  F.,  of  sjiid 
city  of  ,  [or,  village  of  ,]  and  myself,  bearing  date 

the  day  of  18       ,  on  or  about  the  dwelling-house 

known  as  number  ,  in  street,  in  said  city,  [or,  vil- 

lage,] and  a  copy  whereof  is  on  file  in  the  office  of  the  Clerk  of  the 
county  of        *    . 

Dated,  &c.,  [as  in  §  773.] 


§  776.     Notice  to  Produce  Bill  of  Particulars  of  Of  set. 

Sir :  You  will  please  to  take  notice,  that  you  are  requii-ed  to  pro- 
duce and  serve  on  the  undersigned,  at  his  dwelling-house,  in  the  city 
[or,  village]  of  ,  within  ten  days  after  sor\ice  hereof,  a  bill 

of  particulars  of  any  offset  which  may  be  claimed  to  the  account 
herewith  presented;  and  you  will  also  take  notice,  tliat  the  following 
is  a  bill  of  particulars  of  the  amount  chiimed  to  be  due  by  the  under- 
signed, viz :  [set  forth  the  particulars,  as  in  an  ordinary  account.^ 

Dated,  <fec.,  [as  in  §  773.] 


§  777.  Statement  of  Labor  Done,  or  Materials  Furnished,  to  he 
Signed  by  the  Person  Doing  the  Work,  or  Furnishing  the 
Materials,  and  the  Contractor^  and  Delivered  to  the  Oumer 
or  his  Agent. 

"We  do  hereby  certify  and  agree,  that  the  undersigned  C.  D.,  has 
performed  labor  [or,  furnished  materials]  on  or  about  the  dwelling- 
house  known  as  number  ,  in  street,  in  the  city  [or, 
village]  of  ,  to  the  value  of  dollars;  of  which  you  will 
please  take  notice. 

Dated,  &c.,  [as  in  §  773.]  C.  D. 

To  Mr.  A.  B.  E.  F. 


§  778.      Writ  of  Inquiry  from  the  CovrU 

The  People  of  the  State  of  New  York,  to  the  Sheriff  of  the  County 
of        ,  greeting; 

r       -I  Whereas,   C.  D.,  lately  in  our   Court  of  Common 

^  ■    ■-'        Pleas  of  our  city   and  county  of  New  York,   [or,   our 

County  Court  of  our  said  county  of  ,]  before  the  Judges 


422  NEW  clerk's  assistant. 

[or,  Judge]  thereof,  at  the  court-house  in  the  city  [or,  tovrn]  of 
produced  and  showed  to  the  said  court,  that  on  the  day 

of  ,18       ,  in  pursuance  of  an  act  entitled  "  An  Act  for  the 

better  security  of  mechanics  and  others  erecting  buildings  and  fur- 
nishing materials  therefor,  in  the  city  and  county  of  iS'ew  York," 
passed  April  29,  1844,  [or,  in  the  several  cities  in  this  State,  (except 
the  city  of  New  York,)  and  in  the  villages  of  Syracuse,  Williamsburgh, 
Geneva,  Canandaigua,  Oswego  and  Auburn,  "passed  May  7,  1844,]* 
he  personally  served  A.  B.  with  a  notice  to  appear  and  subiriit  to  an  ac- 
counting and  settlement  in  the  said  court,  of  whicli  the  following  is  a 
copy,  viz :  [copy  notice ;]  And  whereas,  on  the  day  of  ,18  , 
that  being  the  day  on  which  the  said  A.  B.  Avas  required  to  appear 
in  and  by  the  said  notice,  he,  the  said  A.  B.,  did  not  appear,  but 
made  default;  whereupon  such  proceedings  were  had  in  our  said 
court,  before  our  said  Judges  [or,  Judge]  thereof,  that  the  said  C. 
D.  ought  to  recover  against  the  said  A.  B.  his  damages  on  occasion 
of  the  premises;  but  because  it  is  unknown  to  our  s;iid  Judges,  [or, 
Judge,]  what  damages  the  said  C.  D.  has  sustained ;  Therefore,  we 
command  you,  that  by  the  oaths  of  twelve  good  and  lawful  men  of 
your  county,  you  dilligently  inquire  what  damages  the  said  C.  D. 
hath  sustained,  as  well  by  means  of  the  premises  aforesaid,  as  for  his 
costs  and  charges  in  this  behalf  expended ;  and  that  you  send  to  our 
said  court,  before  our  Judges  [or,  Judge]  thereof,  at  the  court-house, 
[or,  city  hall,]  in  the  town  [or,  city]  of  ,  on  the  day 

of  next,  the  inquisition  which  you  shall  thereupon  take,  under 

your  seal,  and  the  seals  of  those  by  whose  oaths  you  shall  take  that 
inquisition,  together  ^nth  this  writ. 

Witness,  G.  H.,  Esq.  First  Judge,  [or.  County  Judge,]  at  the  City 
Hall  of  the  city  of  New  York,  [or,  court-house  in  the  town  [or,  city] 
of  ,1  on  the  day  of  18       . 

P.  v.,  Clerk. 


§  779.     Affidavit  for  Execution. 
County,  ss: 
C.  D.,  of  said  county,  being  duly  sworn,  says,  that  the  annexed 
statement  is  a  true  copy  of  an  original  statement  delivered  by  him, 
personally,  to  A.  B.,  on  the  day  of  ,18       ,  and  that  tho 

amount  specified  to  be  due  in  said  statement  now  remains  unpaid, 
[or,  that  on  the  day  of  ,  18       ,  and  more  than  ten 

days  prior  to   this  day,  he   demanded  of  A.  B.,  the  payment  of  the 
judgment  of  which  the  within  is  a  correct  transcript,  and  that  tho 
said  A.  B.  refused  to  pay  the  same.] 
Sworn  to,  this  day  of  ,  ) 

18     ,  before  me,  f  A.  B. 

G.  H.,  Justice  of  the  Peace. 


mechanics'  and  laborers'  lien.  423 

§  780.  Execution  hy  County  Cleric. 

The  People  of  the  State  of  Xew  York,  to  the  Sheriff  of  the  city 
aiid  county  of  New  York,  [or,  of  the  county  of  ,]  greeting : 

r       -1  We  command  you,  that  of  the  goods  and  chat- 

L  ■-'  tels  of  A.  B.,  in  your  bailiwick,  you  cause  to  be  made 
dollars,  which  C.  D.,  lately,  in  our  Court  of  Common  Pleas 
of  the  said  city  and  county,  \or,  in  our  County  Court  of  said  coun- 
ty of  ,]  recovered  agjiinst  the  said  A.  B.,  in  pursuance 
of  the  tenth  section  of  an  act,  ii:c.,  [as  in  §  778,  <o  the*  and  then 
add:^  whereof  the  said  A.  B.  is  convicted,  as  appears  of  record; 
and  if  sufficient  goods  and  chattels  of  the  said  A.  B.  cannot  be  found 
in  your  county,  that  then  you  cause  the  amount  of  dol- 
lars, aforesiiid,  to  be  made  of  the  real  estate  whereof  the  said  A.  B. 
Wfis  seized,  on  the  day  of  ,  18  ,  or  at  any  time 
thereafter,  in  whose  hands  soever  the  same  may  be,  and  have  you 
those  moneys  before  our  Judges  of  our  said  Court  of  Common  Pleas, 
[or,  our  Judge  of  our  said  County  Court,]  at  the  City  Hall  in  the 
city  and  county  of  New  York,  [or,  court-house  in  the  city  [or,  town] 
of  ,]  at  the  expiration  of  sixty  days  from  the  receipt  hereof 
by  you,  together  wuth  this  writ. 
Witness,  <L'C.,  [as  in  §  778.] 


CEAPTER  XXIX. 
NATUEALIZATION. 

PRACTICAL     RE  IV  ARKS. 

1.  Congress  has  the  exclusive  power  of  establishing  uniform  rules 
of  naturalization.' 

2.  The  terms  upon  which  any  alien,  being  a  free  white  person,  can 
be  naturalized,  are  as  follows,  viz :  It  is  required  that  he  declare  on 
oath,  before  a  State  court,  being  a  court  of  record  with  a  seal  and 
clerk,  and  having  common  law  jurisdiction;  or  before  a  Circuit  or 
District  Court  of  the  United  States ;  or  before  a  clerk  of  either  of 
said  courts ;  two  years,  at  least,  before  his  admission,  his  intention  to 
become  a  citizen,  and  to  renounce  his  allegiance  to  his  own  sove- 
reign. This  declaration  need  not  be  previously  made,  if  the  alien 
resided  here  previous  to  the  18th  June,  1812,  and  has  since  con- 
tinued to  reside  here ;  nor  if  he  be  a  minor  under  twenty-one  years 
of  age,  and  shall  have  resided  in  the  United  States  three  years  next 
preceding  his  arrival  to  majority.  It  is  sufficient  to  be  made  at 
the  time  of  his  admission,  and  that  he  then  declare  on  oath,  and 
prove  to  the  satisfaction  of  the  court,  that  for  three  years'  next  preced- 
ing, it  was  his  bona  fide  intention  to  become  a  citizen ;  and  then  the  five 
years'  residence,  including  the  three  years  of  his  minority,  will  entitle 
him  to  admission  as  a  citizen,  on  complying  with  the  other  requisites  of 
the  law.  At  the  time  of  his  admission,  his  country  must  be  at  peace 
■with  the  United  States,  and  he  must  take  an  oath,  before  one  of  the 
courts  above  mentioned,  to  support  the  Constitution  of  the  United 
States,  and  likewise,  on  oath,  renounce  and  abjure  his  native  allegiance. 
He  must,  at  the  time  of  his  admission,  satisfy  the  court,  by  other  p«>of 

t  1  Kent's  Commentaries,  (2d  ed.)  424  ;  S  Wheaton,  2C9  ;  5  Id.,  49. 


NATURALIZATION.  426 

than  his  own  oath,  that  he  has  res'ded  five  years,  at  least,  within  the 
United  States,  and  one  year,  at  least,  within  the  State  where  the 
court  is  held;  and  if  he  shall  have  arrived  after  the  peace  of  1815, 
his  residence  must  have  been  continued  for  five  years  next  preceding 
his  admission,  without  being  at  any  time,  during  the  said  five  years, 
out  of  the  territory  of  the  United  States.  He  must  satisfy  the  court 
that,  during  that  time,  he  has  behaved  as  a  man  of  good  moral  charac- 
ter, attached  to  the  principles  of  the  Constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the  same.  He 
must,  at  the  same  time,  renounce  any  title,  or  order  of  nobility,  if 
any  he  has.' 

3.  The  children  of  persons  duly  naturalized,  being  minors  at  that 
time,  will,  if  dwelling  in  the  United  States,  be  deemed  citizens.  If 
any  alien  shall  die  after  his  declaration,  and  before  actual  admission 
as  a  citizen,  his  widow  and  children  will  be  deemed  citizens.'-' 

4.  Any  alien  who  may  purchase  and  take  a  conveyance  of  lands  or 
real  estate  in  the  State  of  New  York,  or  to  whom  the  same  may  be 
devised,  or  would  descend  if  he  were  a  citizen,  and  who  shall  have 
filed  the  deposition  or  affirmation,  a  form  of  which  is  hereinafter  given, 
or  who  may  file  the  same  within  one  year  from  the  time  of  such  pur- 
chase, devise,  or  descent  cast,  may  hold  or  convey  such  land  or  real 
estate,  during  the  term  of  five  years  from  the  10th  day  of  Apiil, 
1843,  in  the  same  manner  as  if  he  were  a  citizen.* 

5.  A  married  woman,  who  is  an  alien,  may  be  naturalized.* 


FORMS. 

§  781.  Declaration  of  Intention,  and  Certificate  of  Cleric. 

I,  A.  B.,  do  declare  on  oath,  that  it  is  hona  fide  my  intention  to 
become  a  citizen  of  the  United  States,  and  to  renounce  forever  all 
allegiance  and  fidelity  to  all  and  any  foreign  prince,  potentate,  state, 
and  sovereignty,  whatever  ;  and  particularly  to  Victoria,  Queen  of 
the  United  Kingdom  of  Great  Britain  and  Ireland,  [or,  as  the  name 
and  title  of  the  sovereign  may  6e.] 

Sworn  in  open  court,  this  )  A.  B. 

day  of  ,  18     ,  before  me,  j 

W.  B.,  Clerk  of  the  Court  of 

»  Laws  of  U.  S.,  1S02,  chap.  2S ;  M.,  1813.  I  »  2  R.  S.  (3il  c.l.)  4,  5,  J)  16--3I  ;  Lawa  of 
chap.  Iy4  ;  lU.,  ISIiG,  chap.  32;  Id.,  10-21,  |  1R31I,  cluip.  171;  Laws  ol  1S3G,  chap.  339; 
Chap.  1S6:  Id.,  1S28.  chap.  106:  7  Hill,  50,  I  Laws  ol  183S,  chap.  32;  Laws  of  1S43,  chap. 
137.  87;  Laws  ol  lSl.->,  ch..p.  I  l.'s  5  Paige,  lU; 

I  U  Id.,  448;  20  Wendell,  3Jd;    21  Id.,  uS;  % 

»  2  Kont'8  Commentaries,  (2ded.)W,  GC;    Hill,  07. 
Laws  of  V    S.   1604  ciiap  47.  |     «  2U  Wendoll,  338. 


42tf  KE"W  clerk's  assistant. 

I,  W.  B.,  Clerk  of  the  Court  of  ,  being  a  court 

of  record,  having  common  laAV  jurisdiction,  and  a  clerk  and  seal,  do 
certify  that  the  above  is  a  true  copy  of  the  original  declaration  of  in- 
tention of  A.  B.  to  become  a  citizen  of  the  United  States,  remaining 
of  record  in  my  office. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name,  and 
affixed  the  seal  of  the  said  coui't,  the  day  of  ,  one  thou- 

sand eight  hundred  and  . 

[l.  6.]  W.  B.,  Clerk. 


§  782.   Oath  of  Alien. 

United  States  of  America  ;  State  ) 
of  New  York,  County,  J 

A.  B.,  being  duly  sworn,  doth  depose  and  say,  that  he  is  a  resident 
in  the  State  of  New  York,  and  intends  always  to  reside  in  the  United 
States,  and  to  become  a  citizen  thereof,  as  soon  as  he  can  be  natu- 
ralized ;  and  that  he  has  taken  such  incipient  measures  as  the  laws 
of  the  United  States  require,  to  enable  laim  to  obtciin  naturalization- 
Sworn  before  me,  the  ) 
day  of            ,  18     .            \ 

W.  B.,  Clerk  of  Court. 


§  783.  Affidavit  of  Alien  vender  Eighteen  Years  of  Age  at  the  time 

of  his  Arrival. 
In  the  matter  of  CD.,  )  g^^^^  ^^  ^^^^  ^ork,  County,  ss: 

on  bis  natm-auzation,  )  '  •' '        . 

C.  D.,  being  duly  sworn,  says,  that,  for  the  continued  term  of  five 
years  last  past,  he  has  resided  within  the  United  States,  Avithout  being 
at  any  time,  during  the  said  five  years,  out  of  the  territory  of  the 
United  States,  and  that  for  one  year  last  past,  he  lias  resided  within 
the  State  of  New  York  ;  and  that,  at  the  time  he  so  arrived  iu  the 
United  States,  he  had  not  attained  his  eighteenth  year. 
Sworn  in  open  court,  this  day  ) 

of  ,  18     ,  before  me,  j 

W.  B.,  Clerk  of  the  Court  of 


§  784.   Oath  to  Support  the  Constitution  in  preceding  case. 

I,  C.  D.,  do  solemnly  swear,  that  I  will  support  the  Constitution 
of  tJie  United  States,  and  that  I  do  absolutely  and  entirely  renounce 


KATVRALIZATION.  427 

and  abjure  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate, 
state,  or  sovereignty,  whatever,  and  particularly  to  Ernest  Augustus, 
King  of  Hanover,  of  whom  I  was  a  subject. 

Sworn,  &c.,  [as  in  §  783.]  C.  D. 


§  785    Proof  of  Good  Behavior,  dr.,  to  Accompany  the  foregoing 

Oath. 
State -of  New  York,  )      . 
County,  [ 

E.  F.,  of  said  county,  being  duly  sworn,  doth  depose  and  say,  that 
he  is  a  citizen  of  the  United  States ;  that  he  is  well  acquainted  with 
the  above  named  CD.;  and  that  the  said  C.  D.  has  resided  Avithin 
the  limits,  and  under  the  jurisdiction  of  the  United  States,  for  five 
years  last  past,  and,  for  one  year  last  past,  within  the  State  of  New 
York ;  and  that  during  the  same  period  he  has  behaved  himself  as 
a  man  of  good  moral  character,  attached  to  the  principles  of  the 
Constitution  of  the  United  States,  and  well  disposed  to  the  good  or- 
der and  happiness  of  the  same.  And  he  further  saith,  that,  at  the 
time  the  said  C.  D.  arrived  in  the  United  States,  he  had  not  attained 
his  eighteenth  year. 

Sworn,  &c.,  [as  in  §783.]  E.  F. 


§  786.  Declaration  of  Intention  to  hecomc  a  Citizen  for  Three 
Years  past. 

I,  C.  D.,  do  declare,  on  oath,  that  it  is  bona  fide  my  intention,  and 
has  been  for  the  last  three  years,  to  become  a  citizen  of  the  United 
States,  and  to  renounce  forever  all  allegiance  to  all  and  every  foreign 
prince,  potentate,  state,  and  sovereignty,  whatever,  and  particularly 
to  Ferdinand,  Emperor  of  Austria.  C.  D. 

Sworn,  &c.,  [as  m  §  783.] 


§  787.   Certificate  of  Citizenship, 

United  States  of  America ;  State  )      . 

of  New  York,  County,  j 

Be  it  remembered,  that  on  the  day  of  ,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  ,  A,  B.,  late  of 

,  in  the  kingdom  of  France,  at  present  of  >  in  the 

State  of  ,  aforesaid,  appeared  in  the  Court  of 


428  KEW  clerk's  assistant. 

(the  sfud  court  being  a  court  of  record,  liaving  common  law  juris- 
diction, and  a  clerk  and  seal,)  and  applied  to  the  said  court  to  be 
admitted  to  become  a  citizen  of  the  United  States  of  America,  pur- 
suant to  the  directions  and  requisitions  of  the  several  acts  of  Con- 
gress in  relation  thereto:  And  the  said  A.  B.  having  thereupon 
produced  to  the  court  such  evidence,  made  such  declaration  and 
renunciation,  and  taken  such  oath  as  are  by  the  said  acts  required; 
thereupon  it  was  ordered  by  the  said  court,  that  the  said  A.  B.  be 
admitted,  and  he  was  accordingly  admitted  by  the  said  court,  to  be  a 
citizen  of  the  United  States  of  America. 

In  testimony  whereof,  the  seal  of  the  said  court  is  hereunto  afRxed, 
this  day  of  ,  in  the  year  one  thousand  eight  hundred 

and         ,  and  in  the  year  of  our  independence  the 

[l.  s.]     By  the  Court.  W.  B.,  Clerk 

l^For  the  form  of  the  oath,  see  §  784.] 


y  ss: 


§  788.  Deposition  of  Alien  to  enable  him  to  hold  Real  Estate^ 

United  States  of  America;  State 
of  New  York,  County, 

A.  B.,  being  duly  sworn,  doth  depose  and  say,  that  he  is  a  resident 
of  the  State  of  New  York,  and  intends  always  to  reside  in  the  Uni- 
ted States,  and  to  become  a  citizen  thereof,  as  soon  as  he  can  be 
naturalized ;  and  that  he  has  taken  such  incipient  measures  as  the 
laws  of  the  United  States  require,  to  enable  him  to  obtain  naturali- 
ration. 

Sworn  to  before  me,  this  ) 

day  of  ,  18      .      f 

G.  H.,  County  Judge. 


>  The  deposition,  or  affirmation,  is  to  be  made,  or  taken,  before  any  ofTiccr  atiihorized  ta 
iK«  the  proof  of  deeda,  and  is  to  be  tiled  and  recorded  in  the  office  of  the  Secretary  of  Stats. 


CEAPTER  XXX. 


OFEICIAL  OATH  AND  BOND. 


PRACTICAL   REMARKS. 

1.  All  persons  elected  or  appointed  to  any  civil  office  in  this  State, 
and  in  tlie  several  counties  and  cities  tliereof,  are  required  to  take 
the  official  oath  of  office.  Supervisors,  Town  Clerks,  Assessors,  Over- 
seers of  the  Poor,  Commissioners  of  Highways,  and  Town  Sealers, 
are  also  required  to  take  such  oath,  within  ten  days  after  receiving 
notice  of  their  election  or  appuiiitment 

2.  Official  bonds  are  to  be  executed  within  the  time  prescribed  for 
taking  tlie  oath  of  office,  unless  otherwise  directed  by  law. 

3.  Overseers  of  Highways,  and  Poundmastei's,  are  i-ecjuii'cd  to  give 
notice  to  the  Town  Clerk,  in  writing,  signifying  their  acceptance  of 
their  respective  offices,  within  ten  days  after  receiving  notice  of  their 
election  or  appointment 

4.  The  official  oaths  and  bonds  of  town  officers  are  to  be  filed  with 
the  Town  Clerk,  except  that  the  bond  of  a  Collector  is  to  be  filed 
with  the  County  Clei-k,  and  that  Justices  of  the  Peace  are  required 
to  lile  their  oaths  of  office,  witliin  tifieen  days  after  the  first  day  of 
January  next  after  their  election,  in  the  offices  of  the  Coanty  Clerks 
of  their  respective  counties.' 

5.  A  pei-son  elected  to  the  office  of  Justice  of  the  Peace,  and  not 
taking  the  oath,  but  entering  upon  the  duties  of  the  office,  is  Justice 
de  facto,  although  he  is  guilty  of  a  misdemeanor.' 


'  Amnedcd  Constitution  of  New  York,  Art.  xii ;  1  R.  S.  (3d  ed.)  123,  §  22,  el  ueq.;  Id.,  395k 
f  2<.l,  ul  sei|. 
«.  2  Uavbour'fl  S.  C.  Rep.,  330. 


430  NEW  clerk's  assistant. 

FORMS. 

§  789.    Official  Oath. 
I  do  solemnly  swear,  [or,  affirm,]  that  I  will  support  tlie  Constitu- 
tion of  the  United  States,  and  the  Constitution  of  the  State  of  New 
York,  and  that  I  will  faithfully  discharge  the  duties  of  \^give  the  title 
of  the  offi,ce~\  according  to  the  best  of  my  ability. 

A.  B. 
Sworn  and  subscribed,  this  day  ) 

of  ,18       ,  before  me,  \ 

P.  v.,  Clerk  of  the  County  of 


§  790.  Notice  of  the  Acceptance  of  a  Toion  Office. 
lr>  \j.  0.,  Clerk  of  the  Town  of  ,  in  the  County  of  : 

Take  noiiue,  that  I  hereby  accept  the  office  of  Overseer  of  High- 
ways of  distiiot  No.         ,  in  said  town  of 

Dated  the  day  of  ,  18         . 

0.  P. 


§  791.  Instruitviri,  eo  le  Given  hy  a  Constable  and  his  Sureties. 

H.  C.  B.,  chosen  [or,  appointed]  Constable  of  the  town  of 

,  in  the  county  of  ;  and  L.  M.  and  S.  T.,  as 

sureties  of  the  said  H.  C.  B.,  vJo  hereby  jointly  and  severally  agree 
to  pay  to  each  and  every  j,ei"son  who  may  be  entitled  thereto,  all 
such  suras  of  money  as  the  said  Constable  may  become  liable  to  pay, 
on  account  of  any  execution  which  shall  be  dehvered  to  him  for  col- 
lection. 

Dated  the  day  of  18 

Executed  in  the  presence  of,  and  )  H.  C  B. 


the  sureties  approved  by,      )  L.  M 

E.  F.,  Supervisor,  [or,  C.  D.,  Tovru  S.  T. 

Clerk]  of  the  Town  oi 


L.  s. 
L.  S. 


§  792.  Sheriff's  Btyiitx.- 
Know  all  men  by  these  presents :  That  we,  A.  P.,  L.  M.,  and  S. 
"l .,  ot  tne  town  of  ,  in  the  county  of  ,  are  held  and 

'  The  penal  sum  of  the  ShcrifT's  bond  in  the  city  of  New  York,  is  twenty  thousand  dollars- 
and  there  ni-si  Ixs  two  sureties.  In  other  counties,  the  bond  must  be  in  the  penal  sum  of 
tea  thousand  dollars,  vviiA  'woor  more  sureties. 


OFFICIAL  OATH  AND  BOND.  'iil 

firmly  bound  unto  tlie  people  of  the  State  of  New  York,  in  the  penal 
sum  of  thousand  dollars,  to  be  paid  to  the  said  people ;  for 

which  payment,  -well  and  truly  to  be  made,  we  bind  ourselves,  our 
and  each  of  our  heirs,  executors  and  administrators,  jointly  and  seve- 
rally, firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  the  dav  of  ,  A. 

D.  18     .* 

Whereas,  the  above  bounden  A.  P.  hath  been  elected  to  the  office 
of  Sheriff  of  the  county  of  ,  aforesaid,  at  the  general  election 

[or,  at  a  special  election]  held  therein,  on  the  day  of  : 

Now,  therefore,  the  condition  of  the  above  obligation  is  such,  that  if 
the  said  A.  P.  shall, well  and  faithfully,  in  all  things,  perform  the  du- 
ties and  execute  thfe  office  of  Sheriff  of  the  said  county  of  , 
during  his  continuance  in  the  said  office,  by  virtue  of  the  said  elec- 
tion, without  fraud,  deceit,  or  oppression,  then  the  above  obligation 
to  be  void;  else  to  remain  in  full  force.                        A.  P.  [l.  s. 

Executed  in  the  presence  of,  and  )  L.  M.  [l  .s." 

the  sureties  approved  by,  j  S.  T.  [l.  s.' 

P.  v..  Clerk  of  the  County  of 


§  793,  Oath  of  Sheriff's  Sureties,  to  he  Indorsed  on  the  Bond. 

I,  L.  M.,  one  of  the  sureties  named  in  the  within  bond,  do  solemnly 
swear,  that  I  am  a  freeholder  within  the  State  of  New  York,  and 
worth  the  sum  of  thousand  dollars,  over  and  above  all  debts 

whatsoever  owing  by  me.  L.  M. 

Sworn  and  subscribed,  this  day  ) 

of  ,18       ,  before  me,  J  ^ 

P.  v.,  Clerk  of  the  County  of 


§  194:.  Bond  of  a  Deputy  Sheriff. 

Know  all  men  by  these  presents :  That  we,  G.  H.,  S.  T.,  and  0. 
P.,  of  the  town  of  ,  in  the  county  of  ,  are  held  and 

firmly  bound  unto  A.  P.,  Esquire,  Sheriff  of  the  said  county  of         , 
in  tlie  penal  sum  of  thousand  dollars,  to  be  paid  to  the  said 

A.  P.;  for  which  payment,  tkc,  [as  in  §  V92  to  the  *,  and  then  add:^ 
Whereas  the  above  bounden  G.  H.  has  been  appointed  to  the  of- 
fice of  Deputy  Sheriff  in  and  for  the  said  county  of  ,  by  the 
above  named  A.  P.,  Sheriff,  as  aforesaid;  Now,  therefore,  the  condi- 
tion of  this  obhgation  is  such,  that  if  the  said  G.  H.  shall  save  and 
keep  the  said  A.  P.  harmless  of  and  fi'om  any  habihty  incurred  by 


432  KEW  clerk's  assistant. 

and  through  any  act  of  the  said  G.  H.,  as  s\ich  deputy,  as  aforesaid, 
then  this  obligation  to  be  void,  otherwise  of  force. 

Signed  and  sealed  in  )  G.   H.  [l.  s. 

presence   of  >•  S.   T.    [l.  s.' 

C.  D.  )  0.  P.  [l.  6.; 


§  795.  General  Form  of  an  Official  Bond. 

Know  all  men  by  these  presents:  That  we,  A.  B.,  C.  D.,  and  E. 
F.,  of,  (fee,  are  held  and  firnaly  bound  unto  the  people  of  the  State 
of  New  York,  [or,  the  officer,  or  officers,  to  whom  the  bond  is  to  be 
given,']  in  the  penal  sum  of  dollars,  to  be  paid  to  the  said 

fieople,  [or  officer,  or  officers,  as  aforesaid;]  for  which  payment,  &c., 
as  in  §  792,  to  the  *,  and  then  add:] 
Whereas,  the  above  bounden  A.  B.  has  been  appointed  [or,  elected] 
to  the  office  of  ,  [(/ive  the  title  of  the  office:]  Now,  there- 

fore, the  condition  of  the  above  obligation  is  such,  that  if  the  said  A. 
B.  shall,  (fee,  [futlow  the  Ian(/ua(/e  of  the  statute  prescribing  the  form 
of  the  condition,]  then  the  above  obligation  to  be  void;  else  to  re 
main  in  full  force. 

Signed  and  sealed  in  1  A.  B. 

presence  of  >  C.  D. 

Cx.H.  )  E.F. 


L.  8. 
L.  8. 


CHAPTER  XXXI. 
PARTNERSHIP. 

PRACTICAL      REMARKA 

1.  PartftOf><Qip  is  a  contract  between  two  or  more  persons,  to  place 
their  money,  effects,  labor  and  skill,  or  some  or  all  of  them,  in  any- 
lawful  commerce  or  business,  and  to  divide  the  profit,  and  bear  the 
loss,  in  certain  proportions.  Universal  partnership  is  a  contract  by 
which  the  parties  agree  to  mak(^  a  common  stock  of  all  the  property 
they  respectively  possess.  Pardcvlar  partnerships  are  such  as  are 
formed  for  any  business  not  of  a  commercial  nature.  Commercial 
partnerships  are  formed  for  the  purchase  of  personal  property,  and 
the  sale  thereof,  either  in  the  same  state,  or  changed  by  manufacture; 
or  for  carrying  persons  or  personal  property,  for  hire,  in  ship*  or 
other  vessels,  or  conveyances.' 

2.  The  leading  principles  of  a  contract  of  partnership  are,  a  com- 
mon  interest  in  the  stock  of  the  company,  and  a  personal  responsi- 
bility for  the  partnership  engagements.' 

3.  In  order  to  constitute  partners,  between  the  parties,  there  must 
be  a  voluntajy  contract,  and  each  party  must  engage  to  bring  into 
the  common  stock  something  that  is  valuable,  whether  it  be  money, 
property,  or  services ;  and  there  must  also  be  a  communion  of  profits. 
f  he  shares  must  be  joint,  though  it  is  not  necessiiry  that  they  should 
be  equal." 

4.  A  parol  agreement  to  enter  into  partnership  immediately,  is 
valid, — so,  also,  is  an  agreement  to  enter  into  partnership  in  future, 
if  tlie  parties  really  go  into  partnership.* 


'  3   Kent's   Cnmmcn'arics,  (2:1  crt.,)  23,  et 
•en;  Siory  on  Pttrinership,  2.  ei  !>t<\. 

*  3  Kcnl's  roinnieiiiuries,  (2il  eU  ,)  24. 

•  3  Keiu's  ConiineniarieH,  (2U  ed.)   25  j  9 

28 


Johnson,  307  ;  10  Iil.,  226  ;  l,'",  Id.,  409  ;  10  H- 
.'M,  489:  1  Weri.Iell,  457;  18  Id.,  175;  I  UUl, 
572;  3  Id.,  Id''    4  I'ai^e,  143. 
*  2  Harbour's  Ch.  Rep  ,  33C. 


434 


NEW   clerk's    assistant. 


5.  Persons  are  answerable  to  the  world  as  partners,  if  they  per- 
mit their  names  to  be  used  in  a  firm,  or  participate  in  the  profits  of 
a  trade:  and  each  individual  is  hable  to  the  whole  amount  of  the 
debts,  without  reference  to  the  proportion  of  his  interest.^ 

6.  Where  two  or  more  persons  agree  to  have  any  business  in  which 
they  are  jointly  concerned,  carried  on  in  the  name  of  one,  his  name 
is  the  co-partnership  name  or  title." 

7.  A  partner  cannot  bind  his  co-partner  by  a  contract  under  seal, 
(except  it  be  a  release  or  an  assignment  of  a  chose  in  action  due  to 
the  firm,)  without  his  previous  assent^  or  subsequent  indorsement' 

8.  Part  owners  of  ships  are  generally  regarded  as  tenants  in  com- 
mon, and  not  as  partners,  or  joint  tenants/ 

9.  A  co-partnership  cannot  be  proved  by  general  reputation  ;  but 
other  facts  and  circumstances  must  be  adduced  in  order  to  establish 
it.* 

10.  On  an  execution  against  one  of  several  co-partners,  the  property 
of  the  firm  may  be  seized,  removed  and  sold,  by  the  ofiicer,  and  the 
purchaser  at  the  sale  will  become  a  tenant  in  common  with  the  other 
partner  or  partners  ;  but  the  right  which  such  purchaser  may  acquire 
will  be  subject  to  the  adjustment  of  the  partnership  concerns,  and 
the  debts  of  the  firm  must  be  first  satisfied  out  of  the  partnership 
effects.' 

11.  After  the  dissolution  of  a  partnership,  neither  party  can  make 
any  disposition  of  the  partnership  effects,  inconsistent  with  the  primary 
duty  of  paying  the  partnership  debts  ;  though  either  party  may  re- 
ceive payment  of  debts  due  the  firm,  and  apply  the  amount  received 
on  the  partnership  liabilities.'' 

12.  After  the  dissolution  of  a  partnership,  the  promise  of  one 
°^rtner  wUl  not  revive  a  debt  barred  by  the  statute  of  hmitations  ; 
i^  the  dissolution  revokes  the  presumed  agency,  except  so  far  as 
relates  'jo  winding  up  the  business  of  the  firm.* 

13.  A  species  of  partnership,  similar  to  the  French  system  of  com- 
mandite, may  be  formed  in  this  State,  by  two  or  more  persons,  for  the 
transaction  of  any  mercantile,  mechanical  or  manufacturing  business. 
Such  partnerships  may  consist  of  one  or  more  persons,  who  shall  be 
called  general  partners,  and  shall  be  jointly  and  severally  responsible 
as  general  partners  in  other  cases ;  and  of  one  or  more  persons  who 
shjiil  contribute,  in  actual  cash  payments,  a  specific  sum,  as  capital, 
to  the  common  stock,  who  shall  be  called  special  partners,  and  who 


>  9  Johnson,  470;  14  Id.,  315  ;  19  Id.,  226; 
1  Wendell,  457  ;  5  Id.,  274;  6  Id.,  263;  18  Id., 
175. 

a  1  Denio,  402. 

3  9  Johnson,  285;  19  Id.,  513;  1  Wendell. 
826;  9  Id.,  437;  12  Id.,  53:  20  Id.,  251;  2 
Bill,  595 ;  5  Id.,  163. 


«  1  Johnson,  106;  20  Id.,  611. 
i  20   Johnson,  176 ;    11  Wendell,  96 ;  2^ 
Id.,  81 ;  3  Hill,  333. 

•  3  Denio,  12£ ,  2  Barbour's   Ch.  lUp. 
167. 

f  2  Barbour's  S.  C.  Rep.,  625. 

•  2  Comstock,  522. 


PARTNERSHIP.  435 

shall  not  be  liable  beyond  the  fund  so  contributed  by  him,  or  them, 
to  the  capital.^ 

14.  In  order  to  form  a  limited  partnership,  a  certificate  must  be 
made  and  signed  by  the  parties,  as  in  the  form  hereinafter  given. 
An  affidavit  of  one  or  more  of  the  general  partners  must  also  be  made, 
stating  that  the  sums  specified  in  the  certificate  as  having  been  con- 
tributed by  the  special  partners,  have  been  actually  and  in  good  faith 
paid  in  cash.  The  cerUficate  must  be  acknowledged  and  hied,  with 
the  affidavit,  in  the  office  of  the  Clerk  of  the  county  in  whicli  the 
business  is  to  be  carried  on ;  and,  if  such  business  is  to  be  conducted 
in  more  than  one  county,  transcripts  of  the  certificate  and  acknowledg- 
ment must  be  filed  in  such  other  counties.  The  terms  of  the  partner- 
ship, when  registered,  are  to  be  published  for  at  least  six  weeks  im- 
mediately after  such  registry,  in  two  newspapers,  to  be  designated  by 
the  Clerk  of  the  county,  and  to  be  published  in  the  senate  district 
in  which  the  business  shall  be  carried  on.^ 

15.  In  publishing  the  terms  of  a  Mmited  partnership,  they  must  be 
in  all  respects  truly  stated,  in  each  newspaper,  or  the  specicU  partners 
will  become  liable  as  general  partners.' 

16.  The  general  partners  only  may  transact  the  business  of  a  lim- 
ited partnership.  A  special  partner  may  examine  into  the  state  of 
the  partnership  concerns,  and  advise  as  to  their  management;  but 
his  name  cannot  be  used  in  the  transactions  of  the  firm ;  nor  can  he 
interfere  in  the  management  thereof,  either  as  agent,  attorney,  or 
otherwise,  without  rendering  himself  hable  as  a  general  partner. 
The  business  is  to  be  conducted  under  a  firm,  in  which  the  names  of 
the  general  partners  only  can  be  inserted,  without  the  addition  of  the 
word  "  company,"  or  any  other  general  term.* 

17.  Every  association,  or  company,  formed  for  the  purpose  of  the 
transportation  of  passengers  or  property,  either  by  boats,  vessels  or 
stages,  is  required  to  make  a  statement  of  the  names  of  the  persons 
composing  such  association,  or  company,  and  to  file  a  copy  thereof  in 
the  office  of  the  Clerk  of  each  county  through  which  its  business  is 
transacted.  Until  such  statement  be  filed,  no  suit  will  be  abated,  on 
account  of  the  non-joinder  of  any  of  the  members  of  the  association, 
or  company,  against  which  the  action  may  be  brought' 


'  2  R.  S.   (3de(l.,)  49,  55  1,  2;   7  Paige,   I       »  3  Demo,  435. 
685.  «  2  R.  S.  (3d  ed.,)  50,  5  13  ;    Id.,  51,  §  17 ; 


»  2  R.  S.  (3d  ed.,)  49,  50,  5  4,  et  seq. :  IM   1  24  Wendell,  496  :  5  Hill,  309 ;  6  Id.,  479. 
Wendell,  496 ;  5  Hill,  309 ;  6  Id.,  479.  1      »  Laws  of  1836,  Chap.  385. 


430  VEW  clbrk's  AssiSTAirr. 

FORMS. 


§  796.  Articles  of  Co-partnership. —  General  Form. 

Articles  of  agreement,  made  the  day  of  ,  one  thou- 

fcand  eiglit  hundred  and  ,  between  A.  B.,  of,  &c.,  of  the  one  part, 
and  C.  D.,  of,  &,c.,  of  the  other  part,  witnesseth,  as  follows:  The  said 
parties  above  named  have  agreed  to  become  co-partners  in  business, 
and  by  these  presents  do  agree  to  be  co-partners  together,  under 
and  by  the  name,  or  firm  of  B.  and  D.,  in  the  business  of  wholesale 
dry  goods  merchants,  and  in  the  buying,  selling  and  vending  all  sorts 
of  ooods,  wares  and  merchandise,  to  the  said  business  beloniiing,  and 
to  occupy  the  store  No.  ,  in  street,  in  the  city  of  ; 

their  co-partnership  to  commence  on  the  day  of  18       , 

and  to  continue  for  the  term  of  five  years  from  thence  next  ensuing, 
fully  to  be  complete  and  ended ;  and  to  that  end  and  purpose,  the 
siud  A.  B.  and  C.  D.  have  delivered  in  as  capital  stock,  the  sum  ol 
twenty  thousand  dollars,  share  and  share  alike,  to  be  used  and  em- 
ployed in  common  between  them,  for  the  support  and  mauagemen* 
of  the  said  business,  to  their  mutual  benefit  and  advantage. 

And  it  is  agreed,  by  and  between  the  parties  to  tliese  presents, 
that  at  all  times  during  the  continuance  of  their  co-partnership,  they, 
and  each  of  them,  will  give  their  attendance,  and  do  their  and  each 
of  their  best  endeavors,  and,  to  the  utmost  of  their  skill  and  power, 
exert  themselves,  for  their  joint  interest,  profit,  benefit  and  advan- 
tage, and  truly  employ,  buy,  sell  and  merchandise,  with  their  joint 
stock,  and  the  increase  thereof,  in  the  business  aforesaid:  And  also, 
that  they  shall,  and  will,  at  all  times  during  the  co-partnei'ship,  bear, 
pay  and  discharge,  equally  between  them,  all  rents  and  other  expenses 
that  may  be  required  for  the  support  and  management  of  the  said 
business;  and  that  all  gains,  profits  and  increase,  that  shall  come, 
grow,  or  arise,  from  or  by  means  of  their  said  business,  shall  be  di- 
vided between  them,  the  said  co-partners,  share  and  share  alike;  and 
all  loss  that  shall  happen  to  their  said  joint  business,  by  ill  commodi- 
ties, bad  debts,  or  otherwise,  shall  be  borne  and  paid  equally  between 
them :  And  it  is  agreed,  by  and  between  the  said  paities,  that  there 
shall  be  had  and  kept,  at  all  times  during  the  continuance  of  their 
co-partnership,  perfect,  just  and  true  books  of  account,  wherein  each 
of  the  said  co-partners  shall  enter  and  set  down,  as  well  all  money  by 
them,  or  either  of  them,  received,  paid,  laid  out  and  expended,  in 
and  about  the  said  business,  as  also  all  goods,  wares,  commodities  and 
merchandise,  by  them,  or  either  of  them,  bought  or  sold,  by  re:uson 
or  on  account  of  the  said  business,  and  all  other  matters  and  things 


PARTNERSniP.  437 

whatsoever,  to  the  said  business  and  management  thereof  in  any  ^vise 
belonging ;  which  said  books  shall  be  used  in  common  between  the 
said  co-partners,  so  that  either  of  them  may  have  access  thereto,  with- 
out any  interruption  or  hindrance  of  the  other :  And  also,  the  said 
co-partners,  once  in  each  year,  during  the  continuance  of  the  said  co- 
pai'tnership,  as  aforesaid  (to  wit:  on  the  day  of  ,  in 

each  year,)  or  oftener  if  necessary,  shall  make,  yield  and  render, 
each  to  the  other,  a  true,  just  and  perfect,  inventory  and  account,  of 
all  the  profits  and  increase  by  them,  or  either  of  them  made,  and  of 
all  loss  by  them,  or  either  of  them,  sustained ;  and  also,  of  all  pay- 
ments, receipts  and  disbursements,  and  of  all  other  tilings  by  them 
made,  received,  disbursed,  acted,  or  suffered,  in  their  said  co-partner- 
ship and  business;  and  tlie  same  account  being  so  made,  they  shall, 
and  will,  clear,  adjust,  pay  and  deliver,  each  to  the  other,  at  the  time, 
their  just  share  of  the  profits  so  made  as  aforesaid.  And  the  said 
parties  hereby  mutually  covenant  and  agree,  to  and  with  each  other, 
that  during  the  continuance  of  the  said  co-partnership,  neither  of  them 
shall,  nor  will,  indorse  any  note,  or  otherwise  become  surety  for,  any 
person  or  persons  whomsoever,  Avithout  the  consent  of  the  other  of 
the  said  co-partners :  And  at  the  end,  or  other  sooner  determination 
of  their  co-partnership,  the  said  co-partners,  each  to  the  other,  shall 
and  will  make  a  true,  just,  and  final  account,  of  all  things  relating  to 
their  said  business;  and  in  all  things  truly  adjust  the  same,  and  all 
and  every  stock  and  stocks,  as  well  as  the  gains  and  increase  thereof, 
which  shall  appear  to  be  remaining,  either  in  money,  goods,  wares, 
fixtures,  debts,  or  otherwise,  shall  be  di\ided  between  them,  share 
and  share  alike. 

In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
unto set  their  hands  and  seals,  the  day  and  year  above  written. 

Signed  and  sealed  in  )  A.  B.     [l.  s.] 

presence  of  J  C.  D.     \u  8.1 

G.  H. 


I  797.  Articles  of  Co-partnership  between  Country  Merchants. 

Articles  of  agreement  made  and  entered  into,  this  day  of 

,  A.  D.  18  ,  between  A.  B.,  of,  &c.,  of  the  one  part, 
and  C.  D.,  of,  (fee,  of  the  other  part,  witnesseth,  as  follows:  The  said 
A.  B.  and  C.  D.  have  joined,  and  by  these  presents,  do  join  them- 
selves, to  be  co-partners  together,  in  the  business  of  general  country 
merchants,  and  all  things  thereto  belonging:  and  also,  in  buying^ 
seUing  and  retailing,  all  sorts  of  wares,  goods,  merchandise  and  com- 
modities, and  all  kinds  of  produce  usually  kept  and  sold  in  a  country 
store,  and  in  such  commission  business  as  may  appertain  to  the  same* 


4i38  KBW  clerk's  assistant. 

which  said  co-partnership  is  to  be  conducted  under  the  name,  style 
and  firm,  of  B.  and  D.,  at  the  village  of  ,  in  the  town  of  , 

aforesaid,  and  shall  continue  from  the  day  of  ,  18      , 

for  and  during,  and  unto  the  end  and  term  of  years,  from 

thence  next  ensuing,  fully  to  be  complete  and  ended: 

And  to  that  end  and  purpose  the  said  parties  to  these  presents 
have,  the  day  of  the  date  hereof,  delivered  in  as  stock,  the  sum  of 
dollars,  share  and  sliare  alike,  to  be  used,  laid  out  and  em- 
ployed, in  common  between  them,  for  the  management  of  the  said 
business  of  merchandising,  as  aforesaid,  to  their  mutual  benefit  and 
advantage :  And  it  is  agreed  between  the  s;ud  parties  to  these  pre- 
sents, that  the  capital  stock  of  the  firm  hereby  constituted,  shall  be 
made  and  kept  up  to  the  sum  of  dollars,  share  and  share  alike ; 

tliat  the  same  may  at  any  time  be  reduced,  or  extended,  by  agree- 
ment between  the  parties  hereto;  and  that  the  said  capital  stock, 
together  with  all  credits,  goods,  wares,  or  commodities,  bought  or 
obtained  by  the  said  firm,  by  barter  or  otherwise,  shall  be  kept,  used 
and  employed,  in  and  about  the  business  aforesaid;  and  for  that  pur- 
pose, each  partner  shall  have  power  to  use  the  name  of  the  firm,  and 
to  bind  the  same,  in  making  contracts  and  purchasing  goods,  at  the 
city  of  New  York,  or  elsewhere,  and  in  otherwise  trading,  buying 
and  selUng,  on  account  of  the  said  firm,  and  for  the  benefit  and  be- 
hoof thereof,  and  not  otherwise;  provided,  however,  that  neither 
partner  shall  contract  liabilities  in  the  name,  and  on  the  credit  of  the 
firm,  in  purchasing  and  replenishing  their  stock  of  goods  and  mer- 
chandise, to  exceed  the  sum  of  dollars,  without  the  consent  of 
the  other  partner:  And  also,  that  neither  of  the  said  co-partners 
shall,  or  will,  during  the  said  term,  exercise,  or  follow,  the  trade,  or 
business,  of  merchandising,  as  aforesaid,  in  the  county  of  , 
aforesaid,  for  his  private  benefit  or  advantage ;  but  shall,  at  all  times, 
do  his  best  endeavor,  in  and  by  all  lawful  means,  to  the  utmost  of 
his  skill,  power  and  cunning,  for  the  joint  interest,  profit,  benefit  and 
advantage,  of  the  fia-m  aforesaid ;  and  truly  employ,  buy,  sell  and 
merchandise  with  the  stock  aforesaid,  and  the  increase  and  profit 
thereof,  in  the  business  of  merchants  aforesaid,  without  fraud  or 
covin ;  and  also,  that  the  said  parties  shall  and  will,  at  all  times  du- 
ring the  said  copartnership,  bear,  pay  and  discharge,  equally  between 
them,  all  rents  and  other  expenses,  &c.,  [as  in  the  preceding  form  to 
*he  end;  or,  insert  such  other  special  covenants  as  th«  parties  ma^ 
"cquirei] 

In  witness,  &c.,  \as  in  §  "796.] 


■I 


PARTNERSHIP.  439 

§  798.  Agreement  to  Benew  Partnership,  to  be  Indorsed  on  the 
Original  Article. 

Whereas,  the  partnership  formed  by,  and  mentioned  in,  the  within 
article  of  agreement,  has  this   day  expired,   [or,  v,-\\\  expire  on  the 
day  of  next,]  by  the  limitations  contained  herein :  It  is 

therefore  hereby  agreed,  that  the  same  shall  be  continued,  on  the 
same  terms,  and  with  all  the  pronsions  and  restrictions  in  said  agree- 
ment mentioned,  for  the  further  term  of  yeai*s  from  this  date, 
[or,  from  the             day  of             next] 

Witness  our  hands  and  seals,  this  day  of  ,  18     . 

In  presence  of  )  A.  B.  [l.  s.] 

G.  H.        [  C.  D.  [i.  s.] 


§  799.  Agreement  of  Dissolution,  to  he  Indorsed  on  the  Original 

Article. 
By  mutual  consent  of  the  undersig-ned,  the  parties  to  the  -witliin 
agreement,  the  partnership  thereby  formed  is  wholly  dissolved,  except 
so  far  as  it  may  be  necessary  to  continue  the  same  for  the  final  liqui- 
dation and  settlement  of  the  business  thereof  ;  and  said  agreement  is 
to  continue  in  force  until  such  final  liquidation  and  settlement  bo 
made,  and  no  longer. 

Witness,  &,c.,  [as  in  §  798.] 


§  800.   Certificate  of  Limited  Partnership. 

State  of  New  York,  )  ^^  . 
County,  f 
This  is  to  certify,  that  the  undersigned  have  formed  a  limited  part- 
nership, pursuant  to  the  provisions  of  the  Revised  Statutes  of  the 
State  of  New  York,  under  the  name  or  firm  of  B.  &  D.  ;  that  the 
general  nature  of  the  business  to  be  transacted  is  the  buying  and  sell- 
ing groceries,  and  such  other  articles  as  are  usually  dealt  in  by  whole- 
sale and  retail  grocers  :  that  A.  B.  and  C.  D.,  who  respectively  re- 
side in  the  city  of  New  York,  are  the  general  partners  ;  that  E.  F., 
who  resides  at  ,  in  the  county  of  ,  in  the  State  of 

New  York,  and  L.  M.,  who  resides  at  ,  in  the  county  of 

,  in  the  State  of  New  Jersey,  are  the  special  partners  ;  that 
the  said  E.  F.  has  contributed  the  sum  of  ten  thousand  dollars,  as 
capital  towards  the  common  stock,  and  the  said  L.  M.  has  contributed 


449  HBTT  CIKKk's  ASSISTANT. 

the  sum  of  five  thousand  dollars,  as  capital  towards  the  common  stock  ; 
and  that  the  said  partnership  is  to  commence  on  the  day  of 


,18 

,  and  is  to  terminate  on  the             day  of            , 

18         * 

Dated  this 

day  of                ,  one  thousand  eight  hundred 

and 

A.  B. 

C.  D. 

E.  F. 

L.M. 

§  801.   Certificate  of  Acknowledgment.. 

County,  ss: 
On  this  day  of  ,18        ,  A.  B.,  C.  D.,  E.  F.,  and  L. 

M.,  known  to  me  to  be  the  persons  described  in,  and  who  made  and 
signed  the  preceding  certificate,  came  before  me,  and  severally 
acknowledged  that  they  liad  made  and  signed  the  same. 

M.  U.  Judge  of  New  York  Common  Pleas. 


§  802.  Affidavit  to  he  Filed  with  the  Certificate. 

County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,  that  he  is  one  of 
the  general  partners  named  in  the  above  certificate,  and  that  the 
sums  specified  in  the  said  certificate  to  have  been  contributed  by  the 
special  partners  to  the  common  stock,  have  been  actually  and  in  good 
faith  paid  in  cash. 

Subscribed  and  sworn  before  me, )  A.  R 

this  day  of  ,  18     .  f 

M.  U.,  <fea 


§  803.  Designation  of  the  Newspapers  in  which  the.  Publication 

is  to  be  made. 
Let  the  terms  of  the  limited  partnership  between  A.  B.,  C.  D.,  E. 
F.,  and  L.  M.,  be  published  in  the  ,  and  the  , 

which  papers  are  published  in  ,  in  county. 

J.  C,  Clerk  of  the  City  and  County  of  New  York. 


'  The  certificate  must  be  acknowledged,  (not  prored,)  before  a  Justice  of  the  Supreme 
Court,  or  a  Jud^e  of  the  County  Courts,'  in  the  eame  mariner  as  conveyances  of  real  estate 
The  affidarit  may  be  made  before  a  Judge,  or  a  Commissioner  of  Deeds,  or  the  County  Cler^ 


PARTNERSHIP.  441 

§  804.  Notice  to  be  Published. 

NOTICE    OF    LIMITED    PARTNERSHIP. 

Notice  is  hereby  given,  that  A.  B.,  and  C.  D.,  who  respectively 
reside  in  the  city  of  New  York;  E.  R,  who  resides  at  ,  in 

the  county  of  ,  in  the  State  of  New  York,  and  L.  M.,  who 

resides  at  ,  in  the  county  of  ,  in  the  State  of  New 

Jersey,  have  formed  a  linuted  partnership,  pursuant  to  the  provisions 
of  the  Revised  Statutes  of  the  State  of  New  York,  for  the  buying 
and  selling  groceries,  and  such  other  articles  as  are  usually  dealt  in 
by  wholesale  and  retail  grocers',  in  which  all  the  parties  interested 
are  the  said  A.  B.  and  C.  D.,  who  are  the  general  partners,  and  the 
said  E.  F.  and  L.  M.,  who  are  the  special  partners;  that  the  said 
E.  F.  has  contributed,  <fec.,  [as  in  §  800  to  the  *.]  Dated  New  York, 
July  Ist,  1847.  A.  B. 

CD. 
&c.,  &c., 


I  The  p'ace  where  the  business  ia  to  be  corned  on  may  be  inserted  here,  although  tba 
■Utute  ioie  not  seem  to  require  it. 


CHAPTER  XXXII. 
PATENTS. 

PRACTICAL     REMARKS. 

1.  Patents  are  granted  to  any  person,  or  persons,  for  the  term  ©f 
fourteen  years,  for  any  new  and  useful  art,  machine,  manufacture,  or 
composition  of  matter,  or  any  new  and  useful  improvement  on  any 
art,  machine,  manufacture,  or  composition  of  matter,  not  known  or 
used  by  others,  before  his  or  their  discovery  or  invention  thereof, 
and  not,  at  the  time  of  the  application  for  a  patent,  in  public  use,  or 
on  sale,  with  his  or  their  consent,  or  allowance,  as  the  inventor  or 
discoverer.' 

2.  A  patent  may  also  be  granted,  for  the  term  of  seven  years,  for 
a  design  for  a  manufacturer;  or  for  a  design  for  the  printing  of 
woolen,  silk,  cotton,  or  other  fabrics ;  or  a  design  for  a  bust  statute, 
or  bas-relief,  or  composition  in  alto  or  basso-relievo  ;  or  an  impression 
or  ornament  to  be  placed  on  any  article  of  manufacture;  or  a  pat- 
tern, or  print,  or  picture,  to  be  either  worked  into,  or  worked  on,  or 
printed,  or  painted,  or  cast,  or  otherwise  fixed  on  any  article  of  man- 
ufacture ;  or  a  shape  or  configuration  of  any  article  of  manufacture 
not  before  known  or  used  by  others.  Such  design,  impression,  or 
configuration,  must  be  entirely  new  and  original.  A  patent  for  a 
design,  impression,  or  configuration,  can  issue  only  to  a  citizen,  or  to 
citizens,  of  the  United  States ;  or  to  an  alien,  or  aliens,  who  shall 
have  resided  one  year  in  the  United  States,  and  taken  the  oath  of 
his  or  their  intention  to  become  a  citizen,  or  citizens.' 

3.  Where  the  term  for  which  a  patent  is  granted  is  fourteen  years, 
it  may  be  renewed  for  seven  years,  on  apphcation,  in  writing,  to  the 
Commissioner  of  Patents,  notice  of  which  application  must  be  pub- 
lished in  one  or  more  of  the  principal  newspapers  in  Washington, 
and  in  such  other  papers  published  in  the  section  of  the  coimtry 

'  Laws  of  U,  S.,  1836.  I  »  Laws  of  U.  S.,  1842. 


PATENTS.  443 

most  interested,  adversely  to  the  extension,  as  the  Commissioner  may 
direct;  and  any  person  may  appear  and  show  cause  against  such 
extension,  to  the  Board,  composed  of  the  Secretary  of  State,  Com- 
missioner of  Patents,  and  Solicitor  of  the  Treasury,  who  are  author- 
ized to  decide  the  question. 

4.  The  assignment  of  a  patent  may  be  to  the  whole,  or  to  an  un- 
divided part,  by  any  instrument  in  writmg.  AH  assignments  of  pa- 
tents, or  conveyances  of  the  right  to  use  the  same,  in  any  specitied 
district,  must  be  recorded  in  the  patent  office,  within  three  months 
from  the  date  of  the  same. 

5.  Before  any  inventor  can  receive  a  patent  for  any  new  invention 
or  discovery,  he  must  deliver  a  written  description  of  his  invention  or 
discovery,  specifying  the  manner  in  which  the  same  is  made,  or  com- 
pounded ;  the  improvement  therein  which  he  claims  as  his  own  inven- 
tion or  discovery ;  and  the  application  of  the  principle  or  character 
which  distinguishes  it  from  other  inventions.  The  application  must 
also  be  accompanied  by  duplicate  dravvings  and  written  references, 
when  the  nature  of  the  case  will  admit,  winch  are  to  be  signed  by  the 
patentee,  and  attested  by  two  witnesses,  except  when  the  specification 
refers  to  them  by  letters  or  figures.  A  model,  or  a  specimen  of  the 
ingTedients  and  of  the  composition  of  matter,  must  also  be  dehvered 
at  the  patent  office,  or  to  one  of  the  agents  appointed  to  receive 
models,  &c. 

6.  A  caveat,  setting  forth  the  design  and  purposes  of  any  inven- 
tion, may  be  filed  in  the  patent  office  by  any  citizen ;  or  by  an  aUen 
who  shall  have  been  a  resident  in  the  United  States  one  year  next 
preceding,  and  shall  have  made  oath  of  his  intention  to  become  a 
citizen ;  who  shall  have  made  any  new  invention,  on  paying  the  sum 
of  twenty  dollars,  which  vnW  be  deemed  part  of  the  regular  fee,  if 
the  patent  is  afterwards  issued.  If  an  application  be  made,  within 
one  year  after  filing  the  caveat,  for  a  patent  for  any  invention  which 
may  interfere  with  that  specified  in  the  caveat,  the  Commissioner  is 
required  to  give  notice  by  mail  to  the  person  filing  the  same,  who 
will  be  required  to  file  his  specifications,  &c.,  within  three  months. 

7.  The  following  are  the  fees  payable  at  the  patent  office :  If  r- 
citizen  of  the  United  States,  or  an  alien  resident  in  the  United  States 
one  year  next  preceding  the  application,  and  who  shall  have  made 
oath  of  his  intention  to  become  a  citizen,  thirty  dollars,  as  a  patent 
fee ;  if  a  subject  of  the  King  of  Great  Britain,  five  hundred  dollars ; 
if  a  citizen  of  any  other  country,  three  hundred  dollars.  On  ex- 
tending a  caveat,  the  fee  is  twenty  dollars ;  on  entering  an  application 
for  the  decision  of  arbitrators,  twenty -five  dollars ;  on  entering  a  pa- 
tent beyond  the  fourteen  years,  forty  dollars;  for  recording  each 
assignment,  or  transfer,  if  not  over  three  hundred  words,  one  dollar — 
if  more  than  three  hundred  words,  and  less  than  one  thousand,  two 
dollars — if  more  than  one  thousand  words,  three  dollars ;  for  "Mld'og 


444  NKW  clerk's  assistant. 

the  specification  of  a  subsequent  improvement,  fifteen  dollars;  on 
surrendering  an  old  patent  for  a  re-issue,  to  correct  a  mistake  of  the 
patentee,  Hfteen  dollars;  for  every  additional  patent  in  case  of  re- 
issue, thirtj  dollars ;  for  a  disclaimer,  ten  dollars ;  for  copies  of  papers, 
ten  cents  per  folio.  The  fee  on  an  application  for  a  patent  for  a  de- 
sign, impression,  or  configuration,  is  one-half  the  sum  required  in 
other  cases.     All  fees  are  payable  in  advance  in  specie. 

8.  Every  married  woman,  who  is  a  resident  of  the  State  of  New 
York,  and  who  may  receive  a  patent  for  her  own  invention,  may  hold 
and  enjoy  the  same,  and  all  the  proceeds  and  benefits  thereof,  and  of 
such  invention,  to  her  own  separtfte  use,  free  and  independent  of  her 
husband  and  his  creditors ;  and  may  transfer  and  dispose  of  the 
same,  in  the  same  manner  as  if  she  were  unmarried ;  but  she  cannot 
contract  any  pecuniary  obligations  to  be  discharged  at  any  future 
time.* 


FORMS. 

§  805.  Petition. 
To  the  Commissioner  of  Patents : 

The  petition  of  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  respectfully  represents :  That  your  peti- 

tioner has  invented  a  new  and  improved  mode  of  preventing  steam 
boilers  from  bursting,  which  he  verily  believes  has  not  been  known 
or  used  prior  to  the  invention  thereof  by  your  petitioner.  He  there- 
fore prays  that  letters  patent  of  the  United  States  may  be  granted 
to  him  therefor,  vesting  in  liim,  and  his  legal  representatives,  the  ex- 
clusive right  to  the  same,  upon  the  terms  and  conditions  expressed 
in  the  act  of  Congress  in  that  case  made  and  provided ;  he  having 
paid  thirty  dollars  into  the  treasiuy,  and  complied  with  the  other 
provisions  of  the  said  act  A.  B. 


§  806.  Spedfication. 
To  all  whom  it  may  concern : 

Be  it  known,  that  I,  A.  B.,  of  ,  in  the  county  of  ,  and 

State  of  New  York,  have  mvented  a  new  and  improved  mode  of 


t  Lawa  of  N«w  Tork,  1845,  chap.ll. 


PATENTS.  445 

prerenting  steam  boilers  from  bursting ;  and  I  do  hereby  declare, 
that  the  following  is  a  full  and  exact  description  of  the  said  invention : 

The  natui'e  of  my  invention  consists  in  providing  the  upper  part 
of  a  steam  boiler  with  an  aperture,  in  addition  to  that  for  the  safety 
valve;  Avhich  aperture  is  to  be  closed  by  a  plug,  or  disk,  of  alloy, 
which  will  fuse  at  any  given  degree  of  heat,  and  permit  the  steana 
to  escape,  should  the  safety-valve  fail  to  perform  its  functions.  To 
enable  others  skilled  in  the  art  to  make  and  use  my  invention,  I  will 
proceed  to  describe  its  construction  and  operation:  I  construct  my 
steam  boiler  in  any  of  the  known  forms,  and  apply  thereto  guage- 
cocks,  a  safety-valve,  and  the  other  appendages ot  such  boilers;  but  in 
order  to  obviate  the  danger  arising  from  the  adhesion  of  the  safety- 
valre,  and  from  other  causes,  I  make  a  second  opening  in  the  top  of 
the  boiler,  similar  to  that  made  for  the  safety -valve,  as  shown  at  A, 
in  the  accompanying  drawing;  and  in  this  opening  I  insert  a  plug,  or 
disk,  of  fu^^ible  alloy,  secuiing  it  in  its  place  by  a  metal  ring  and 
screws,  or  otherwise.  This  fusible  alloy,  I,  in  general,  compose  of  a 
mixture  of  lead,  tin  and  bismuth,  in  such  proportions  as  will  insure 
its  melting  at  a  given  temperature,  which  must  be  that  to  which  it  is 
intended  to  limit  the  steam,  and  will,  of  course,  vary  with  the  pres- 
sure the  boiler  is  intended  to  sustain.  I  surround  tlie  opening  con- 
taining the  fusible  alloy,  by  a  tube,  B,  intended  to  conduct  off  any 
steam  which  may  be  discharged  therefrom.  When  the  temperature 
of  the  steam  in  sucli  a  boiler  z'ises  to  its  assigned  limit,  the  fusible  al- 
loy will  melt,  and  allow  the  steam  to  escape  freely,  thereby  securing 
it  from  i\l\  danger  of  explosion.  What  1  chiim  as  my  inveiition,  and 
desire  to  secure  by  letters  patent,  is  the  application  to  steam  boilers 
of  a  fusible  alloy,  which  will  melt  at  a  given  temperature,  and  allow 
the  steam  to  escape,  as  herein  described,  using  any  metallic  com- 
pound which  will  produce  the  intended  effect. 

Witness,  G.  11.  A.  B. 

E.  F. 


§  807.  Specification  of  a  Macliine} 

To  all  whom  it  may  concern : 

Be  it  known.  That  I,  A.  B.,  of  ,  in  the  county  of  , 

and  Stiite  of  ,  have  invented  a  new  and  useful  machine 

for  ,  \state  the  use  and  title  of  the  machine;  and  if  the  uppli- 

cation  is  for  an  improvement,  it  should  read  thus:  a  new  and  useful 
improvement  on  a  [or,  on  the]  machine,  &c.]:  and  1    do    hereby 


'Where   the  sperificniion  is  of  an   iniprnvenieiit,  the  original  inveniioa  ehoulJ  lie  Ul*. 
dainiud,  and  iho  claim  ooiiliiicJ  cuurely  to  ihc  impioveaiuul. 


446  KEW  clerk's  assistant. 

declare  that  the  following  is  a  full,  clear,  and  exact  description,  of  the 
construction  and  operation  of  the  same,  reference  being  had  to  the 
annexed  drawings,  making  a  part  of  this  specification,  in  which  figure 
1,  is  a  perspective  view;  figure  2,  a  longitudinal  elevation;  figure  3, 
a  transverse  section,  &c.,  [describe  all  the  sections  of  the  drawings, 
and  refer  to  the  -j^cirts  hy  letters.  Then  give  a  description  of  the 
construction  and  operation  of  the  machine,  and  conclude  tvith  the 
claim,  which  shoidd  express  the  nature  and  character  of  the  inven- 
tion, and  identify  the  part  or  parts  claimed,  separately,  or  in  combi- 
nation.'] 

Witness,  G.  H.  A.  B. 

E.  F. 


§  808.   Oath  to  Accompany  Specification, 

County  of  ,  State  of  ,  ss : 

On  this  day  of  ,  18     ,  before  the  subscriber,  a  Justice 

of  the  Peace  in  and  for  the  said  county,  personally  appeared  the 
within  named  A.  B.,  and  made  solemn  oath,  \or,  affirmation,]  that 
he  verily  beheved  himself  to  be  the  original  and  first  inventor  of  the 
mode  herein  described  for  preventing  steam  boilers  from  bursting: 
and  that  he  did  not  know,  or  believe,  that  the  same  was  ever  before 
known  or  used ;  and  that  he  was  a  citizen  of  the  United  States. 

G.  H.,  Justice  of  the  Peace. 


§  809.  Application  for  a  Patent  on  a  Design. 

To  the  Commissioner  of  Patents : 

The  petition  of  A.  B.,  of  the  town  of  ,  and  county 

of  ,  in  the  State  of  ,  respectfully  represents :  That  your 

petitioner  has  invented  or  produced  a  new  and  original  design  or  fig- 
ure to  be  stamped  or  printed  on  fabrics,  which,  when  thus  printed, 
are  termed  calicoes,  which  he  verily  beUeres  has  not  been  known 
prior  to  the  invention  or  production  thereof  by  your  petitioner.  He 
therefore  prays  that  letters  patent  of  the  tJnited  States  may  be 
granted  to  him  therefor,  vesting  in  him  and  his  legal  representatives 
the  exclusive  right  to  the  same,  upon  the  terms  and  conditions  ex- 
pressed in  the  act  of  Congress  in  that  case  made  and  provided ;  he 
having  paid  fifteen  dollars  into  the  treasury,  and  complied  with  the 
other  provisions  of  the  said  act  A  B. 


PA.TENTS.  447 

§  810.   Certificate  of  Deposit  of  the  Patent  Fee. , 

The  Bank  of  : 

The  Treasurer  of  the  United  States  has  credit  at  thi^  ofiBce,  for 

dollars  in  specie,  deposited  by  A.  B.,  of  the  town  of 

,  in  the  county  of  ,  and  State  of  ,  the 

same  being  for  a  patent  for  a  steam  boiler,  [or,  as  the  case  may  5e.] 


§  811.  Withdrawal,  with  Accompanying  Receipt. 

Sir :  I  hereby  withdraw  my  application  for  a  patent  for  improve- 
ments in  the  steam  boiler,  now  in  your  office,  qnd  request  that  twenty 
dollars  may  be  returned  to  me,  agreeably  to  the  act  of  Congress 
authorizing  such  withdrawal.  A.  B. 

Washington,  March  15,  1847. 
Received  of  the  Treasurer  of  the  United  States,  per  Hon.  E.  B., 
Commissioner  of  Patents,  twenty  dollars,  being  the  amount  refunded 
on  withdrawing  my  application  for  a  patent  for  improvement.*^  jfec. 


§  812.  Surrender  of  a  Patent  for  Pe-isstie. 

To  the  Commissioner  of  Patents : 

The  petition  of  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  respectfully  represents :  That  he  did  obtain 

letters  patent  of  the  United  States,  for  an  improvement  in  the  boUers 
of  steam  engines,  which  letters  patent  are  dated  on  the  first  day  of 
March,  18  ;  that  he  now  believes  that  the  same  is  inoperative  and 
invalid,  by  reason  of  a  defective  specification,  which  defect  has 
arisen  from  inadvertence  and  mistake.  He  therefore  prays  that  he 
may  be  allowed  to  surrender  the  same,  and  requests  that  new  letters 
patent  may  issue  to  him  for  the  same  invention,  for  the  residue  of 
the  period  for  which  the  original  patent  was  granted,  under  the 
amended  specification  herewith  presented ;  he  having  paid  fifteen 
dollars  into  the  treasury  of  the  United  States,  agreeably  to  the  re- 
quirements of  the  act  of  Congress  in  that  case  made  and  provided. 


§  813.  Assignment  of  a  Patent  Right. 

Whereas,  letters  patent,  bearing  date  the  day  of  ,  A. 

D.  1 8     ,  were  granted  and  issued  by  the  government  of  the  United 
States,  under  the  seal  thereof,  to  A.  B.,  of,  &c.,  for  an  improvement 


448  mtrr  clekk's  assistaiit. 

in  machinery,  for  sawing  and  jointing  building  staves,  of  all  sorts  and 
sizes,  [a  general  description  of  the  invention  shottld  he  given,^  a  more 
full  and  particular  description  whereof  is  annexed  to  the  said  letters 
patent,  in  a  schedule ;  by  which  letters  patent,  the  full  and  exclusive 
right  and  liberty  of  making  and  using  the  said  invention,  and  of 
vending  the  same  to  others  to  be  used,  was  granted  to  the  said  A. 
B.,  his  heirs,  executors,  administrators  and  assig-ns,  for  the  terra  of 
fourteen  years  from  the  date  thereof  :*  Now,  therefore,  this  inden- 
ture witnesseth :  That  I,  the  said  A.  B.,  for  and  in  consideration  of 
the  sum  of  dollars,  to  me  in  hand  paid,  by  C.  D.,  of,  kc,  the 

receipt  whereof  is  hereby  acknowledged,  have  granted,  assigned  and 
set  over,  and  by  these  presents  do  grant,  assign  and  set  over,  unto 
the  said  C.  D.,  his  executors,  administrators  and  assigns,  the  said  let- 
ters patent,  and  ail  my  right,  title  and  interest,  in  and  to  the  said 
invention,  so  granted  unto  mo ;  to  have  and  to  hold  the  said  letters 
patent  and  invention,  unto  the  said  C.  D.,  his  executors,  adminis- 
trators and  assigns,  in  as  full  and  ample  a  manner,  to  all  intents  and 
purposes,  as  I  might  have  or  hold  the  same,  were  these  presents  not 
executed,  for  and  during  the  rest  and  residue  of  the  said  term  of 
fourteen  years. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  18     . 

In  presence  of )  A.  B.     [l.  8.J 

G.  H.  f 

E.  F. 


§  814.  The  same,  where  the  Patentee  has  Sold  a  Motctij,  and  he 
and  the  Assignee  Sell  the  Right  for  a  single  State. 

Whereas,  &c.,  [as  in  §  813,  to  the  *,  and  then  add:'\  and  whereas 
the  said  A.  B.  has  duly  sold  and  assigned  the  undi\ided  half  or  moi- 
ety, of  the  said  letters  patent  and  invention,  and  his  right,  title  and 
interest,  in  and  to  the  same,  to  E.  F.,  of,  tfec,  his  executors,  numinis- 
trators  and  assigns,  by  indenture,  dated  the  day  of  , 

A.  D.  18  :  Now,  therefore,  this  indenture  Avitnesseth:  That  we, 
the  said  A.  B.  and  E.  F.,  for  and  in  consideration  of  the  sum  of 
dollars,  to  us  in  hand  paid,  by  C.  D.,  of,  &c.,  the  receipt 
whereof  is  hereby  acknowledged,  have  granted,  bargiiined  and  set 
over,  and  by  these  presents  do  grant,  bargain  and  set  over,  unto  the 
said  C.  D.,  his  executors,  admiaistrators  and  assigns,  the  full  and 
exclusive  right  of  making,  constructing,  using,  and  vending  to  others 
to  be  used,  the  said  invention  and  impiovement.  as  above  mentioned, 
in  and  for  the  State  of  New  York ;  to  have  and  to  hold  the  same 
unto  the  said  C.  D.,  liis  executors,  administrators  and  assigns,  in  and 
for  the  State  aforesaid,  in  as  full  aud  ample  a  manner,  to  oil  intents 


PATENTS,  449 

and  purposes,  as  we  might  have  or  hold  the  same,  ■vrere  these  pre- 
sents not  executed,  for  and  during  the  rest  and  residue  of  the  said 
term  of  fourteen  years. 

In  witness,  (fee,  [as  in,  §  813.] 


§  815.  Assignment  of  the  Right  in  a  Patent  for  One  or  More 
States. 

Whereas,  I,  A.  B.,  of  ,  in  the  county  of  ,  and 

State  of  ,  did  obtain  letters  patent  of  the  United  States,  for 

certain  improvements  in  steam  engines,  which  letters  patent  bear 
date  the  first  day  of  March,  1835;  and  whereas,  C.  D.,  of  , 

aforesaid,  is  desirous  of  acquiring  an  interest  therein:  Now  this 
indenture  witnesseth,  that  for  and  in  consideration  of  the  sum  of  two 
thousand  dollars,  to  me  in  hand  paid,  the  receipt  whereof  is  hereby 
acknowledged,  I  hare  assigned,  sold  and  set  over,  and  do  hereby 
assign,  sell  and  set  over,  all  the  right,  title  and  interest,  which  I  have 
in  the  said  invention,  as  secured  to  me  by  said  letters  patent,  for,  to, 
and  in,  the  several  States  of  Kew  York,  Xew  Jersey  and  Pennsyl- 
vania, and  in  no  other  place  or  places:  the  same  to  be  held  and 
enjoyed  by  the  said  C.  D.,  for  his  own  use  and  behoof,  and  for  the 
use  and  behoof  of  his  legal  representatives,  to  the  full  end  and  term 
for  which  the  said  letters  patent  are  or  may  be  granted,  as  fully  and 
entirely  as  the  same  would  have  been  held  and  enjoyed  by  me,  had 
this  assignment  and  sale  not  have  been  made. 
In  witness,  (kc.,  [as  in  §  813.] 


§  816.  Assignment  before  Obtaining  Letters  Patent,  which  must 
be  Recorded  preparatory  thereto. 

Whereas,  I,  A.  B.,  of  ,  in  the  county  of  ,  and 

State  of  ,  have  invented  certain  new  and  useful  improvements 

in  the  boilers  of  steam  engines,  for  which  I  am  about  to  make  appli- 
cation for  letters  patent  of  the  United  States;  and  whereas,  C.  D., 
of  ,  aforesaid,  has  agreed  to  purchase  from  me,  all  the  right, 

title  and  interest,  which  I  have,  or  may  have,  in  and  to  the  said  in- 
vention, in  consequence  of  the  grant  of  letters  patent  therefor,  and 
has  paid  to  me,  the  stiid  A.  B.,  the  sum  of  five  thousand  dollars,  the 
receipt  of  which  is  hereby  acknowledged.  Now  this  indenture  wit- 
nesseth :  That  for  and  in  consideration  of  the  said  sum  to  me  paid,  I 
have  assigned  and  transferred,  and  do  hereby  assign  and  transfer,  to 
the  said  C.  D.,  the  full  and  exclusive  right  to  all  the  improvements 
made  by  me,  as  fully  set  forth  and  described  in  the  specification 
which  I  have  prepared  and  executed,  preparatory  to  the  obtaining  of 


460  NEW  clerk's  assistant. 

letters  patent  therefor.  And  I  do  hereby  authorize  and  request  the 
Commissioner  of  Patents  to  issue  the  said  letters  patent  to  the  said 
C.  D.,  as  the  assignee  of  my  whole  right  and  title  thereto,  for  the 
sole  use  and  behoof  of  the  said  C.  D.,  and  his  legal  representatives. 
In  witness,  &c.,  [as  in  §  813.] 


§  817.  Disclaimer.^ 
To  the  Commissioner  of  Patents : 

The  petition  of  A.  B.,  of  ,  in  the  county  of  ,  and 

State  of  ,  respectfully  represents:  That  he  has,  by  assign- 

ment, duly  recorded  in  the  patent  office,  become  the  owner  of  a  right 
for  the  several  States  of  Massachusetts,  Connecticut  and  Rhode 
Island,  to  certain  improvements  in  the  steam  engine,  for  which  let- 
ters patent  of  the  United  States  were  granted  to  C.  D.,  of  Boston, 
in  the  State  of  Massachusetts,  dated  on  the  first  day  of  March,  1835; 
that  he  has  reason  to  believe,  that,  through  inadvertence  and  mistake, 
the  claim  made  in  the  specification  of  said  letters  patent  is  too  broad, 
including  that  of  wliich  the  said  patentee  was  not  the  first  inven- 
tor. Your  petitioner,  therefore,  hereby  enters  liis  disclaimer  to  that 
part  of  the  claim  in  the  aforenamed  specification,  which  is  in  the 
following  words,  to  wit :  "  I  also  claim  the  particular  manner  in 
which  the  piston  of  the  above  described  engine  is  constructed,  so  as 
to  insure  the  close  fitting  of  the  packing  thereof  to  the  cylinder,  as 
set  forth ;  "  wliich  disclaimer  is  to  operate  to  the  extent  of  the  inte- 
rest in  said  letters  patent  vested  in  your  petitioner,  who  has  paid  ten 
dollars  into  the  treasury  of  the  United  States,  agreeably  to  the 
requirements  of  the  act  of  Congress  in  that  case  made  and  provided. 

A.  B. 


§  818,   Caveat 
To  the  Commissioner  of  Patents : 

The  petition  of  A.  B.,  of  ,  in  the  county  of  ,  and 

State  of  ,  respectfully  represents :  That  he  has  made  certain 

improvements  in  the  mode  of  constructing  the  boilers  of  steam  en- 
gines, and  that  he  is  now  engaged  in  making  experiments  for  "the 
purpose  of  perfecting  the  same,  preparatory  to  his  applying  for  let- 
ters patent  therefor.  He  therefore  prays,  that  the  subjoined  descrip- 
tion of  his  invention  may  be  filed  as  a  caveat,  in  the  confidential 


1  When  the  disclaimer  ii  made  bjr  the  original  patentee,  it  must  be  eo  worded  as  to  exprew 
l^/aei. 


PATENTS.  451 

arcliives  of  the  patent  office,  agreeably  to  the  provisions  of  the  act 
of  Congress  in  that  case  made  and  provided;  he  having  paid  twenty 
dollars  into  the  treasury  of  the  United  States,  and  otherwise  complied 
with  the  requirements  of  the  said  act 

March  1,  1838.  A.  B. 


§  819.  Addition  of  New  Improvements. 

To  the  Commissioner  of  Patents : 

The  petition  of  A.  B.,  of  ,  ia  the  county  of  ,  and 

State  of  ,  respectfully  represents :  That  your  petitioner  did 

obtain  letters  patent  of  the  United  States,  for  an  improvement  in  tlie 
boilers  of  steam  engines,  which  letters  patent  are  dated  on  the 
day  of  ,  18       ;  that  he  has  since  that  date,  made  certain 

improrements  on  his  said  invention,  and  that  he  is  desirous  of  add- 
ing the  subjoined  description  of  his  said  improvement  to  liis  original 
letters  patent,  agreeably  to  the  act  of  Congress  in  that  case  made 
and  provided ;  he  having  paid  fifteen  dollars  into  the  treasury  of  the 
United  States,  and  otherwise  complied  with  the  reqim-ements  of  the 
said  act  A.  B. 


§  820.    Oath  on  Restoring  Drawings,  to  Re-place  the  Originals 
Destroyed  in  the  Patent  Office. 
County  of  ,  )      . 

State  of  ,  J      * 

On  this  day  of  ,  18      ,  before  the  subscriber,  a 

Justice  of  the  Peace  in  and  for  said  coimty,  personally  appeared  A . 
B.,  of  ,  in  the  State  of  ,  and  made  solemn  oath 

that  he  is  the  inventor  \or,  is  interested  in  the  invention,  as  a^Jminis 
trator,  (fee.,]  of  an  improved  mode  of  preventing  the  expla<4on  of 
steam  boilers,  for  whicli  letters  patent  of  the  United  StatOJ^  were 
granted  to  liim,  [or,  to  C.  D.,]  dated  the  day  of  >  18     , 

and  that  the  annexed  dra^nng  [or,  sketch]  is,  as  he  verily  behevcs,  a 
true  delineation  of  the  invention  described  in  tlie  smd  letters  i^atent 

G.  H.,  Justice  »fec. 


CHAPTER  XXXIII. 
PENSION  YOUCHEES. 

PRACTICALREMARKS. 

1.  When  application  is  made  for  the  payment  of  a  pension,  the 
'dentity  of  the  person  must  be  established  by  affidavit,  setting  forth 
a  copy  of  the  original  certificate,  ifec,  as  in  the  following  forms.  The 
deposition  must  be  signed  by  the  deponent,  and  where  the  pension 
has  been  increased  since  the  certificate  was  given,  the  magistrate  will 
note  the  fact.  The  requisite  depositions  may  be  taken  before  any  of- 
ficer authorized  to  administer  oaths. 

2.  Where  a  pension  has  remained  unclaimed,  by  any  pensioner,  for 
the  term  of  fourteen  months  after  the  same  became  due  and  payable 
application  must  be  made  to  the  Department  of  the  Interior,  at  Wash- 
higton  ;  and  in  such  case,  additional  proof  of  the  identity  of  the  ap- 
plicant will  be  required. 

3.  All  interlineations  in  pension-rouchers  should  be  carefully 
noted  by  the  magistrate,  before  the  execution. 

4.  When  application  for  the  payment  of  a  pension  is  made  by  an 
attorney,  he  must  deposit  with  the  agent  the  power  of  attorney,  duly 
acknoAvledged,  and  dated  on  or  subsequent  to  the  day  on  which  the 
pension  claimed  became  due,  together  with  an  affidavit  made  by  him- 
self. 

5.  In  all  cases  of  payments  upon  a  power  of  attorney,  the  Justice  uf 
the  Peace,  or  Magistrate,  before  whom  the  power  is  executed,  must 
have  lodged  Avith  the  agent,  the  certificate  of  the  clerk  of  some  court 
of  record,  under  the  seal  of  the  court,  that  he  is  legally  authorized  to 
act  as  such,  and,  also,  a  paper  bearing  his  proper  signature,  certiliea  o< 
be     such,    by  the  clerk  of  some  court  of  record. 

6.  In  case  of  the  death  of  any  pensioner,  the  arrears  due  to  liim  at 
the  time  of  his  death,  must  be  paid  as  follows  : 


PENSION   VOUCHBRS.  453 

I.  To  the  widow  of  the  deceased,  or  to  her  attorney,  proving  herself 
to  bo  such  before  a  court  of  record  ;  or, 

II.  If  there  be  no  widow,  then  to  the  executor  or  administrator  on  the 
estate  of  such  pensioner,  for  the  sole  and  exclusive  benefit  of  the  chil- 
dren, to  be  by  him  distributed  among  them  in  equal  shares  ;  but  the  ar- 
rears of  pension  are  not  to  be  considered  a  part  of  the  assets  of  the  es- 
tate, nor  as  liable  to  be  applied  to  the  payment  of  the  debts  of  such 
estate,  in  any  case  whatever, 

7.  In  case  of  the  death  of  a  pensioner  who  is  a  widow,  leaving  chil- 
dren, the  amount  of  pension,  due  at  the  time  of  her  death,  must  b« 
paid  to  the  executor  or  administrator,  for  the  benefit  of  her  children, 
as  directed  in  the  foregoing  paragraph. 

8.  In  case  of  the  death  of  a  pensioner,  whether  male  or  fenoulc, 
leaving  children,  the  amount  of  pension  in  arrear  may  be  paid  to  any 
one,  or  each  of  them,  as  they  may  prefer,  without  the  intervention  ol 
the  administrator.  If  one  of  the  children  is  selected  to  receive  tlw 
amount  due,  he,  or  she,  must  produce  a  power  of  attorney  from  the 
others  for  that  purpose,  duly  authenticated. 

.  9.  If  there  be  no  Avidow,  child,  or  children,  then  the  amount  due 
a  pensioner,  at  the  time  of  his  death,  must  be  paid  to  the  legal  repre- 
sentatives of  the  deceased. 

10.  Where  an  executor  or  administrator  applies  for  the  popsion, 
due  to  a  deceased  person,  he  must  deposit  with  the  agent  for  paying 
pensions,  a  certificate  of  the  Clerk  of  the  Court,  Judge  of  Probate,  Re- 
gister of  Wills,  Ordinary,  or  Surrogate,  as  the  case  may  be,  stating  that 
he  is  duly  authorized  to  act  in  that  capacity,  on  the  estate  of  the  de- 
ceased pensioner,  and,  if  a  male,  that  it  has  been  proved  to  his  satis- 
faction that  there  is  no  widow  of  the  said  pensioner  living. 

11.  The  original  certificate  of  pension  must  be  surrendered  at  the 
time  the  moneys  due  a  deceased  pensioner  are  paid  ;  or,  if  such  certifi- 
cate cannot  be  obtained  for  surrendry,  substantial  evidence  of  the 
identity,  and  that  due  search  and  inquiry  have  been  made  for  the 
certificate,  and  that  it  cannot  be  found,  must  be  produced.  The  date 
of  the  pensioner's  death  must  be  proved  before  a  court  of  record. 

12.  Where  facts  are  proved  before  the  clerk  of  a  court,  his  certi- 
ficate, stating  the  same,  under  his  seal  of  office,  must  be  obtained. 

13.  When  the  guardian  of  a  pensioner  applies  for  a  pension,  he 
must,  in  addition  to  the  evidence  of  the  pensioner's  identity,  deposit 
Avith  the  pension-agent  a  certificate  from  the  proper  authority,  stating 
that  he  is,  at  that  time,  acting  in  that  capacity,  and  also,  satisfactory 
evidence  that  his  ward  was  fiving  at  the  date  the  pension  claimed  be- 
came due. 

14  Pension  agents  are  authorized  to  administer  all  oatlis  required 
to  be  administered  to  pensioners  or  their  attorneys,  and  to  charge  the 
same  fees  as  magistrates  are  authorized  to  do  by  the  laws  of  their  re- 
spective States. ' 

lUwaofU.  S.  184D. 


ASi  msw  clerk's  assistaot. 

FORMS. 

§  821.   Oath  of  Pensioner. 

State  of  ,^g. 

County,  \ 

Be  it  known,  that  before  me,  G,  H.,  a  Justice  of  the  Peace,  in  and 
for  the  county  aforesaid,  duly  authorized  by  law  to  administer  oaths, 
personally  appeared  A.  B.,  and  made  oath,  in  due  form  of  law,  that 
he  is  the  identical  person  named  in  an  original  certificate  in  his  pos- 
session, of  which  (I  certify)  the  following  is  a  true  copy ;  [insert  here 
a  copy  of  the  certificate  of  pension,  including  names,  and  dates ;^ 
that  he  now  resides  in  ,  and  has  resided  there  for  the  space 

of  years  last  past,  and  that  previous  thereto  he  resided  in 

;*  and  that  he  has  not  been  employed,  or  paid,  in  the  army, 
navy,  or  marine  service  of  the  United  States,  from  the  day 

«f  , to  .* 

Sworn  and  subscribed,  this         )  A.  B. 

day  of  .,18        ,  before  me,   ) 

*         G,  H.,  Justice  of  the  Peace.* 


§  822.   Certificate,  where  Pension  has  not  been  Drawn  for  Fourteen 
Months — to  be  Annexed  to  the  Foregoing  Deposition. 

State  of  ,  ) 

County,  >  ss : 
May  1st,  1849.  ) 

I,  G.  H.,  a  magistrate  in  the  county  above  named,  do  hereby  cer- 
tify, that  I  have  the  most  satisfactory  evidence,  viz:  [state  ^vhat  the 
evidence  is,  whether  personal  knowledge,  or  the  affidavits  of  respect- 
able persons,  giving  their  names. -^  that  A.  B.,  who  has  this  day  ap- 
peared before  me  to  take  the  oath  of  identity,  is  the  identical  person 
named  in  the  pension  certificate,  which  he  has  exhibited  before  me, 
numbered  ,  and  bearing  date  at  the  War  Office,  the 

day  of  ,  18       ,  and  signed  by  W,  L.  M.,  Secretary  of  War. 

Given  under  my  hand,  at  ,  on  the  day  and  year  above 

written. 

G.  H.,  Justice  of  the  Peace. 


>  Where  the  pension  haa  heen  increased  since  the  certificate  was  given,  the  magistrate 
must  note  that  fact.  In  the  case  of  a  revolutionary  pensioner,  that  part  of  §  821  between  the 
iwo  '»  may  be  omitted. 


PENSION   V0DCHSR8.  45ft 

§  823.   Certificate  of  the  Cleric,  to  Accompany  §  822. 

State  of  New  York,  >  g^. 
County,  ^ 
I,  W.  B. ,  Clerk  of  the  Court,  of  the  county  and  State 

aforesaid,  do  hereby  certify,  that  G.  H.  is  a  Justice  of  the  Peace,  ia 
and  for  said  county,  duly  commissioned  and  qualified ;  that  his  com- 
mission was  dated  on  the  day  of  ,  18  ,  Ami  will 
expire  on  the  day  of  ,18  ;  and  that  his  signature 
above  written  is  genuine, 
r  n  Given  under  my  hand,  and  the  seal  of  said  county,  this 
L^  ^-J      day  of              ,  18         .  W.  B.,  ClerL 


§  824.  Power  of  Attorney,  und  Acknowledgment. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of  ,  a 

revolutionary  [or,  an  invalid,  as  the  case  may  be,"]  pensioner  of  the 
United  States,  do  hereby  constitute  and  appoint  E.  F.  my  true  and 
lawful  attorney,  for  me,  and  in  my  name,  to  receive  from  the  agent  of 
the  United  States  for  paybg  pensions  in  Albany,  State  of  New  York, 
my  pension  from  the  day  of  ,  18     ,  to  the 

day  of  ,  18       . 

Witness  my  hand  and  seal,  this  day  of  ,18 

Sealed  and  delivered  in  )  A.  B.  [l.  s.] 

presence  of  j 

CD. 

State  of  ,)gg. 

County,  J 

Be  it  known,  that  on  the  day  of  ,18       ,  before 

the  subscriber,  a  Justice  of  the  Peace  in  and  for  said  county,  duly 
authorized  by  law  to  administer  oaths,  personally  appeared  A.  B., 
above  named,  and  acknowledged  the  foregoing  power  of  attorney  to 
be  his  act  and  deed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  the  day  and 
year  last  above  mentioned, 

G.  H.,  Justice  of  the  Peace. 


§  825.   Oath  of  the  Attorney. 
State  of  ,)      . 

County,  ( 
Be  it  known,  that  on  the  day  of  ,18       ,  before 

the  subscriber,  a  Justice  of  the  Peace  in  and  for  said  county,  duly  au- 
thorized by  law  to  administer  oaths,  personally  appeared  E.  F.,  the 
attorney  named  in  the  foregoing  power  of  attorney,  and  made  oath 


459  vzw  clbrk's  assistant. 

that  he  has  no  interest  whatever  in  the  money  he  is  authorized  to  re- 
ceive, by  virtue  of  the  foregoing  power  of  attorney,  either  by  any 
pledge,  mortgage,  sale,  assignment,  or  transfer;  and  that  he  does  not 
know  or  believe  that  the  same  has  been  so  disposed  of  to  any  person 
whatever. 

Sworn  and  subscribed,  the  day  and  year  )  E.  F. 

last  above  mentioned,  before  me,  \ 

G.  H.,  Justice  of  the  Peace. 


§  826.   Oath  of  Guardian  for  Pensioner. 

State  of  ,)    g. 

County,  ) 
Be  it  known,  that  before  me,  H.  T.  C,  a  Justice  of  the  Peace  in 
and  for  said  county,  duly  authorized  by  law  to  administer  oaths,  per- 
sonally appeared  G.  H.,  guardian  of  A.  B.,  and  made  oath,  in  due 
form  of  law,  that  the  said  A.  B.  is  still  living,  and  is  the  identical 
person  named  in  the  original  certificate  in  his  possession,  of  which  (I 
certify)  the  following  is  a  true  copy :  \i^isert  here  a  copy  of  ike  cer- 
tificate of  pension,  including  names  and  dates  :^  That  he  resides  in 
,  and  has  resided  there  for  the  space  of  years  past, 

and  that  previous  thereto  he  resided  in 

Sworn  and  subscribed,  this  )  G.  H.,  Guardian, 

day  of  ,  18     ,  before  me,      ) 

H.  T.  C,  Justice  of  the  Peace. 


§  827.   Oath  of  a  Widow,  a  Pensioner. 

State  [or,  Territory]  of  '  I  ss  • 

County  of  , )      ' 

Be  it  known,  that  before  me,  G.  H.,  a  Justice  of  the  Peace,  duly 
authorized  by  law  to  administer  oaths,  in  and  for  the  county  afore- 
said, personally  appeared  M.  B.,  and  made  oath,  in  due  form  of  law, 
that  she  is  the  identical  person  named  in  an  original  certificate  in  her 
possession,  of  which  (I  certify)  the  following  is  a  true  copy :  [Insert 
here  a  copy  of  her  certificate  of  pension,  including  names  and  dates  :^ 
That  she  has  not  intermarried,  but  continues  the  widow  of  the  above 
mentioned  A.  B.  ;  and  that  she  now  resides  in  ,  and  has 

resided  there  for  the  space  of  years  past;  and  that  previous 

thereto  she  resided  in  ;  of  the  truth  of  which  statements  I  am 

fully  satisfied. 

Sworn  to  and  subscribed,  this  )  M.  R 

day  of  ,18       ,  before  me,       [ 

G,  H.,  Justice  of  the  Peace. 


PENSION    VOUCHERS.  457 

§  828.   Oath  of  a  Widow,  who  drew  a  Pension  under  the  Act  of 
March  3d,  1843. 


United  States  of  America, 
State  of  , 

County, 

Be  it  known,  that  before  me,  G.  H.,  a  Justice  of  the  Peace,  in  and 
for  the  county  aforesaid,  duly  authorized  by  law  to  administer  oaths, 
personally  appeared  M.  B.,  and  made  oath,  in  due  form  of  law,  that 
she  is  the  identical  person  who  drew  a  pension  under  the  act  of  the 
3d  of  March,  1843,  on  account  of  the  revolutionary  senice  of  her 
husband,  the  late,  [insert  here  the  name  and  rank  of  the  husband,'] 
at  the  rate  of  $  per  annum ;  that  she  now  makes  this  affidavit 

for  the  purpose  of  drawing  a  pension  under  the  act  of  Congress, 
passed  on  the  l7th  of  June,  1844,  entitled  "An  Act  to  continue  the 
pensions  of  certain  widows ; "  that  she  has  not  intermarried,  but  con- 
tinues to  be  a  widow ;  that  she  now  resides  in  ,  in  the  county 
of  ,  and  State  of  ,  and  has  resided  there  for  the 
space  of  years  past ;  and  that  previous  thereto  she  resided 
in 

Sworn  to  and  subscribed,  this         day  )  M.  B. 

of  ,  18     ,  in  presence  of         V 

R  P.  before  me,  ) 

G.  H.,  Justice  of  the  Peace. 


§  829.   Oath  of  Identity  for  the  Widow,  or  Child,  of  a  Deceased 
Pensioner. 

State  of  » I  ss : 

County,  [ 
Be  it  known,  that  before  me,  G.  H.,  a  Justice  of  the  Peace  in  and 
for  the  county  aforesaid,  duly  authorized  by  law  to  administer  oaths, 
personally  appeared  M.  B.,  and  made  oath,  in  due  form  of  law,  that 
she  [or,  he]  is  the  widow  [or,  son ;  or,  daughter]  of  A.  B.,  the  iden- 
tical person  who  was  a  pensioner,  and  is  now  dead,  and  to  whom  a 
certificate  of  pension  was  issued,  which  is  herewith  surrendered : 
That  the  deceased  pensioner  resided  in  ,  in  the  State  of 

,  for  the  space  of  years  bdiore  his  death ;  and  that 

previous  thereto  he  resided  in  .' 

Sworn  and  subscribed,  this  )  MB. 

day  of  ,  18     ,  before  me,      \ 

G.  H.,  Justice  of  the  Peace. 

>  VViere  the  p  msion  has  beea  incraaFed,  the  tna^iRirato  nhould  note  the  /net.  The  abort 
form  may  be  used  for  an  executor  or  adniinialrat«r,  by  subsiiiuiing  the  word  "executor'* 
If  "admiaislrator  "  for  "  widow." 


458  NEW  clerk's  assistant. 

§  830.  power  of  Attorney  for  the  Widow,  or  Child,  of  a  Deceased 

Pensioner} 
Know  all  men  by  these  presents :  That  I,  M.  B.,  of  ,  in  the 

county  of  ,  State  of  ,  widow  \or,  cliild,]  of  A.  B., 

who  was  a  revolutionary  [or,  an  invalid]  pensioner  of  the  United 
States,  do  hereby  constitute  and  appoint  E.  F.,  my  true  and  lawful 
attorney,  for  me,  and  in  my  name,  to  receive  from  the  agent  of  the 
United  States  for  paying  pensions  in  ,  State  of  ,  the 

balance  of  said  pension  from  the  day  of  ,18       ,  to 

the  day  of  ,  18     ,  being  the  day  of  his  death. 

Witness  my  hand  and  seal,  this  day  of  ,18 

Sealed  and  delivered  )  M.  B.  [l.  s.] 

in  presence  of        ) 
CD. 


§  831.  Certificate  of  the  Court  as  to  the  Death  of  a  Pensioner, 

State  of  '  i  cc  • 

County  of  ,  j      ' 

I,  W.  B.,  Clerk  of  the  Court  of  ,  holden  at 

in  and  for  ,  do  hereby  certify,  that  satisfactory  evidence  has 

been  exhibited  to  said  court,  that  A.  B.  was  a  pensioner  of  the 
United  States  at  the  rate  of  dollars  per  ;  was  a 

resident  of  the  county  of  ,  in  the  State  of  ,  and 

died  in  the  ,  in  the  State  of  ,  m  the  year  18      ,  on 

the  day  of  ;  that  he  left  a  widow,  [or,  left  no 

widow;  or,  left  a  child,  or,  left  children,]  whose  name  is  [or,  whose 
names  are]  M.  B.,  [or,  R  B.,  C.  B.,  &c.,  <fec.]  [If  the  certificate  has 
been  lost,  insert  here,  in  addition:  And  that  the  pension  certificate 
of  said  pensioner  has  been  lost,  and,  after  due  search  and  inquiry 
therefor,  it  cannot  be  found.] 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  aflfixed 

r       -1        my  seal  of  office,  at  ,  this  (Jay  of  , 

L^  ^-J       in  the  year  of  our  Lord  18 

W.  B.,  Clerk  of  the 


832.   Oath  where  Pension  Certificate  is  lllegdlhj  Withheld. 


State  of  ,)-„. 


County,  J 
Be  it  known,  that  before  me,  Gr.  H.,  a  Justice  of  the  Peace,  in  and 
for  the  county  aforesaid,  duly  authorized  by  law  to  administer  oaths, 


I  For  forma  of  acknowledgment,  and  attorney's  oath,  see  §§  824  and  825.    Where  one  of  ths 
liidrea  is  if  pointed  by  the  others  lo  receive  the  balance,  the  attorney's  oath  is  not  required. 


PENSION  VOUCHERS.  459 

personally  appeared  A.  B.,  and  made  oath,  in  due  form  of  law,  that 
lie  [or,  she]  is  the  identical  A.  B.  named  in  an  original  pension  certi- 
ficate now  illegally  withheld  by,  [here  state  the  facts  respecting  the 
detention  of  the  pension  certificate;]  that  he  [or,  she]  is  entitled  to  a 
pension  of  [^insert  the  amount  to  which  the  pensioner  is  entitled  at  the 
time  of  making  the  oath,]  dollars  per  month ;  that  he  [or,  she]  now 
resides  in  ,  and  has  resided  there  for  the  space  of  , 

years  past ;  and  that  previous  thereto,  he  [or,  she]  resided  in 

Sworn  and  subscribed,  this  )  A.  B. 

day  of  ,  18     ,  before  me,      ) 

G.  H.,  Jxistice  of  the  Peace. 


§  833.  Certificate  of  Magistrate  and  Clerk,  to  Accompany  §  832, 
State  of  ,  ^ 

County,  >ss: 
May  1st,   1849.      ) 

Conformably  to  the  regulations  of  the  War  Department  of  the 
27th  of  October,  1832,  I,  G.  H.,  a  magistrate  in  the  county  above 
named,  do  hereby  certify  that  I  have  the  most  satisfactory  evidence, 
viz :  [state  tvhat  the  evidence  is;  whether  personal  knowledge,  or  the 
ajfidandts  of  respectable  persons,  giving  their  names,]  that  A.  B.,  who 
this  day  appeared  before  me  to  take  the  oath  of  identity,  is  the  iden- 
tical pensioner  he  [or,  she]  declares  himself  [or,  herself]  to  be,  in 
the  annexed  affidavit;  and  I  am  also  satisfied  that  the  statement 
made  by  him  [or,  her]  in  relation  to  the  pension  certificate,  is  true. 

Given  under  my  hand,  at  ,  the  day  and  yeai*  above  written. 

G.  H. 

I,  W.  B.,  Clerk  of  the  Court  of  county,  certify 

that  G.  H.  is  a  magistrate,  as  above,  and  that  the  foregoing  certili- 
cate,  purporting  to  be  his,  is  genmne. 

In  testimony  whereof,  I  have  hereunto  affixed  my  seal  of  offic2, 
r       -1      and  subscribed  my  name,  this  day  of  > 

^      ' '      in  the  year 

W.  B.,  Clerk  of  the  Court  of  county. 


CHAPTER  XXXIV. 
PLANK  AND  TURNPIKE  ROADS. 

PRACTICAL      REMARKS. 

1.  Any  number  of  persons,  not  less  than  five,  may  form  them- 
selves into  a  corporation  for  the  purpose  of  constructing  and  owning 
a  plank  or  turnpike  road,  under  the  Laws  of  the  State  of  New  York. 
In  order  to  form  such  a  corporation,  notice  of  the  time  and  place  or 
places,  where  books  for  subscribing  to  the  stock  of  such  road  will  be 
opened,  must  be  given  in  at  least  one  newspaper,  printed  in  each 
county  through  which  the  road  is  to  be  constructed.  When  stock 
to  the  amount  of  five  hundred  dollars  for  each  mile  of  the  pro- 
posed road  has  been  subscribed  in  good  faith,  the  subscribers  may 
choose  directors  and  make  and  sign  articles  of  association,  which 
articles  are  to  be  filed  in  the  office  of  the  Secretary  of  State ;  and 
thereupon  the  subscribers  will  become  a  body  corporate,  clothed 
with  the  powers  and  privileges,  and  subject  to  the  liabilities  of  corpo- 
rations generally,  as  contained  in  titles  three  and  four  of  chapter 
eighteen  of  the  first  part  of  the  Revised  Statutes,  (volume  I,  3d 
edition,  pp.  7l3-l36.y 

2.  The  articles  of  association  are  not  to  be  filed  till  five  per  cent 
on  the  amount  of  stock  subscribed  shall  have  been,  in  good  faith,  paid 
in  to  the  du*ectors  in  cash,  to  be  verified  by  the  affidavit  of  at  least 
three  of  the  directors.  Copies  of  the  articles,  and  of  the  affidavit 
indorsed,  certified  to  be  correct  by  the  Secretary  of  State,  may  be 
read  in  any  state  court  as  presumptive  evidence  of  the  incorporation 
of  the  Company,  and  of  the  facts  therein  stated. 


'  Laws  of  1847,  chap.  210;  Id.,  chap.  287 ;  I  Laws   of  I&19,  chap.   256;    Lawf  of  18M 
U.,  chap.  398 ;  Lawa  of  1^  ehap.  360 ;  1  chap.  71. 


PLANK  ROADS.  4G1 

3.  "Whenever  a  plank  or  turnpike  road  company  desires  to  con- 
struct a  road  througk  any  part  of  any  county,  application  must  be 
made  to  the  Board  of  Supervisors,  notice  of  which  must  be  pub- 
lished for  sLx  successive  weeks,  in  all  the  newspapers  printed  in  the 
county,  or  in  three,  if  there  be  more  than  three.  Special  meetings 
of  the  Board  of  Supervisors  may  be  called  to  hear  the  application, 
any  three  of  the  members  thereof  fixing  the  time  of  the  meeting. 
The  expenses  of  a  special  meeting  are  to  be  paid  by  the  Company, 
for  whose  benefit  the  same  is  called.  Upon  the  hearing  of  the  ap- 
plication, owners  of  land  on  the  line  of  the  proposed  road,  and  all 
persons  re'siding  in  the  county,  may  appear  and  be  heard ;  and  testi- 
mony may  be  taken  by  the  Board,  or  by  any  judicial  officer  autho- 
rized by  it.  If  the  Board  are  of  opinion  that  the  public  interests  will 
be  promoted  by  the  construction  of  the  proposed  road,  they  may,  by 
a  majority  vote,  authorize  the  same  to  be  laid  out  and  constructed. 

4.  Where  a  road  is  authorized  to  be  constructed  by  a  Board  of 
Supervisors,  they  must  appoint  three  disinterested  persons,  not  the 
owners  of  real  estate  in  any  town  through  which  the  proposed  road 
is  to  be  constructed,  or  in  any  town  adjoining  such  town,  as  Commis- 
sioners to  lay  out  the  same.  The  Commissioners  are  required  to 
hear  all  persons  interested,  at  such  time  or  times  as  they  may  ap- 
point, to  take  testimony,  to  determine  the  width  of  the  road,  and  to 
make  an  actual  survey  and  description  thereof,  as  laid  out  by  them. 
The  survey  is  to  be  signed  and  acknowledged  in  the  same  manner  as 
conveyances  of  real  estate,  and  recorded  in  the  Clerk's  office  of  the 
county.  Where  a  road  is  proposed  to  be  constructed  in  more  than 
one  county.  Commissioners  are  to  be  appointed  in  each  county. 
Each  Commissioner  is  entitled  to  receive  two  dollars  per  day  for  his 
fees,  to  be  paid  by  the  Company. 

5.  No  plank  or  turnpike  road  can  be  laid  out  through  an  orchard 
of  the  growth  of  four  years  or  more,  to  the  injury  of  fruit  trees,  or 
tluough  a  garden  cultivated  four  years  or  more,  unless  with  the  con- 
sent of  the  owner  of  such  orchard  or  garden;  nor  can  any  such 
road  be  hiid  out  through  any  dwelling-house,  or  building  con- 
nected therewith,  or  any  yard,  or  inclosure  properly  appurtenant 
thereto,  without  the  consent  of  the  owner;  neither  can  a  plank  or 
turnpike  road  company,  bridge  any  stream  navigable  by  vessels  or 
steamboats,  or  in  any  manner  so  as  to  obstruct  the  passage  of  rafts 
twenty-five  feet  in  width. 

6.  Where  the  route  of  a  plank  or  turnpike  road  has  been  hiid  out 
and  surveyed  by  Commissioners,  the  Company  may  enter  upon  and 
t<ike  possession  of  the  lands  described  in  the  survey,  provided  the  same 
be  purchased  of  the  owners  thereof.  But  if,  on  account  of  the  ina- 
bility or  unwillingness  of  the  owners  to  sell  or  convey,  the  right  to 
such  lands  cannot  be  acquired,  application  must  be  made  to  the 
County  Judge,  by  whom  a  jury  will  be  drawn  to  hear  the  parties 


462  NEW  clerk's  assistant. 

interested,  take  testimony,  and  ascertain  and  assess  the  damagei 
The  verdict  of  the  jury  will  be  final,  unless  application  be  made 
within  twenty  days  to  the  Supreme  Court  for  a  new  trial,  and  un- 
less such  application  be  granted. 

v.  Lands  nvciy  be  obtained  by  a  plank  or  turnpike  road  company, 
for  the  construction  of  a  road,  by  purchase  of  the  owner  or  ownei-s, 
and  in  such  case  no  application  to  the  Board  of  Supervisors  will  be 
necessary.  An  accurate  survey  must  be  made  by  a  practical  sur- 
veyor, signed  by  the  President  and  Secretary  of  the  Company, 
acknowledged  by  them,  and  recorded  in  the  County  Clerk's  office. 

S.  Where  it  is  desired  to  construct  a  plank  or  turnpike  road  on 
the  Hne  of  a  public  highway,  the  Supervisor  and  Commissioners  of 
Highways  of  any  town,  or  a  majority  of  them,  if  there  be  more  than 
one  Commissioner,  may,  with  the  consent  in  writing  of  at  least  two- 
thirds  of  all  the  owners  of  land  along  such  highway,  actually  residing 
on  the  line  of  the  proposed  road  and  on  such  highway,  agree  with 
the  Company  upon  the  compensation  and  damages.  This  agree- 
ment must  be  in  writing,  and  must  be  filed  in  the  office  of  the  Town 
Clerk.  In  case  such  agreement  be  entered  into,  and  an  accurate 
survey  be  made,  signed,  acknowledged,  and  recorded,  no  application 
to  the  Board  of  Supervisors  will  be  necessary  ;  otherwise,  the  dama- 
ges must  be  ascertained  by  a  jury  to  be  called  by  the  County  Judge; 
and  if  the  Supervisor  and  Commissioners  refuse  to  give  their  con- 
sent to  the  construction  of  the  proposed  road,  application  must  be 
made  to  the  Board  of  Supervisors  for  their  assent  Moneys  received 
by  Commissioners  of  Highways  for  compensation  and  damages,  must 
be  expended  in  improving  the  highways  in  their  respective  towns. 

9.  Three  inspectors  of  plank  and  turnpike  roads  are  to  be  ap- 
pointed by  the  Board  of  Supervisors  in  each  county  in  which  any 
such  roads  may  be  constructed.  They  hold  their  offices  during  the 
pleasure  of  the  Board,  and  are  allowed  two  dollars  per  day  for  their 
services,  to  be  paid  by  the  Company  whose  road  they  may  inspect 

10.  Plank  and  turnpike  roads  are  not  to  exceed  four  rods  in 
width,  except  with  the  consent  of  the  owners  of  adjoining  lands ;  and 
the  Commissioners,  or  Inspectors,  may  fix  the  width  at  four  rods,  or 
less  than  Uiat,  if  they  choose  so  to  do. 

11.  Whenever  a  plank  or  turnpike  road  Company  has  constructed 
three  consecutive  miles  of  their  proposed  road,  they  may  apply  to 
the  Inspectors,  or  a  majority  of  them,  to  inspect  the  i*oad ;  and  if 
such  inspectors,  or  a  majority  of  them,  certify  that  a  sufficient  num- 
ber of  miles  of  road  have  been  constructed  according  to  law,  upon 
filing  their  certificate,  the  Company  will  be  authorized  to  take  toll. 
Toll  o-ates,  however,  are  not  to  be  erected  witliin  three  miles  of  each 
other,  on  the  same  road. 

12.  The  rates  of  toll  on  plank  roads  are  not  to  exceed  one  and  a 
half  cents  per  mile,  for  vehicles  drawn  by  two  animals — one-half  cent 


t>LAinr  iioADS.  463 

per  mile  to  be  added  for  each  additional  animal  more  than  two; 
three-quarters  of  a  cent  per  mile,  for  every  vehicle  drawn  by  one 
animal;  or  half  a  cent  per  mile,  for  eveiy  score  of  sheep  or  swine, 
and  for  every  horse  and  rider,  or  led  horse.  Turnpike  companies  may 
collect  three-quarters  of  a  cent  per  mile,  for  eveiy  vehicle  drawn  by 
one  animal ;  one  and  one-quarter  cent  per  mile,  for  every  vehicle 
drawn  by  two  animals — one-quarter  cent  per  mile  to  be  added  for 
every  animal  more  than  two ;  one  cent  per  mUe,  for  every  score  of 
neat  cattle ;  and  one-half  cent  per  mile,  for  eveiy  score  of  sheep  or 
Bwine.  Rates  of  tolls  may  be  determined  by  the  distance  between 
toll  gates,  instead  of  the  distance  actually  traveled,  except  that 
where  persons  reside  within  one  mile  of  a  gate,  only  half  tolls  ai-e  to 
be  exacted  from  them  at  such  gate.^ 

13.  Persons  going  to  or  from  any  court  to  which  they  have  been 
summoned  as  jurors,  or  subpoenaed  as  witnesses;  going  to  or  fi'om 
any  training  at  which  they  are  by  law  required  to  attend;  going  to 
or  from  religious  meetings;  going  to  or  from  any  funeral,  or  belong- 
ing to  a  funeral  procession ;  or  going  to  any  town  meeting  or  election 
at  which  they  are  entitled  to  vote,  for  the  purpose  of  voting,  and 
returning  therefrom ;  are  exempt  from  the  payment  of  tolls  at  the 
gates  of  plank  road  companies.  Farmers  going  to  or  returning  from 
their  work  on  their  farms,  Avhen  not  employed  in  the  transportation 
of  other  persons  or  their  property,  and  troops  in  the  actual  service  of 
the  State,  or  of  the  United  States,  are  also  exempt  from  tolls  on 
plank  roads.  Persons  going  to  or  returning  from  any  grist  mill  or 
blacksmith's  shop,  where  they  ordmarily  get  their  grinding  or  black- 
smith's work  done,  for  the  express  purpose  of  getting  grinding  or 
blacksmith's  work  done,  are  exempt  from  the  payment  of  toll  at  one 
gate  only,  within  five  miles  of  their  residence,  pro^ided  the  plank 
road  be  constructed  on  a  public  traveled  highway. 

14.  The  business  and  property  of  a  plank  or  turnpike  road  com- 
pany must  be  managed  and  conducted  by  a  Board  of  Directors, 
consisting  of  not  less  than  five,  nor  more  than  nine,  who  are  to  be 
elected  annually,  after  the  first  year,  at  such  time  and  place  as  may 
be  designated  in  the  by-laws  of  the  corporation.  Vacancies  are  to 
be  filled  by  the  remaining  directors,  for  the  remainder  of  the  year. 

15.  It  is  the  duty  of  the  directors  of  eveiy  plank  or  turnpike  road 
company,  to  make  an  annual  report  to  the  Secretary  of  State,  under 
the  oath  of  at  least  two  of  the  directors,  stating  the  cost  of  their  road ; 
the  amount  of  their  capital  stock;  the  amount  expended;  the  amount 
paid  in ;  the  whole  amount  and  the  annual  amount  of  tolls  and  earn- 
ings, in  separate  items ;  the  amount  set  apart  tor  a  reparation  fund ; 
and  the  amount  of  indebtedness  of  the  company,  with  the  object  for 
which  it  accrued. 

'  1  Caines'  182;  23  Wendell,  193. 


464  VEW  clerk's  assistant. 

16.  Branches  may  be  constructed  by  plank  road  companies,  with 
the  written  consent  of  a  majority  of  the  inspectors;  and  the  capital 
stock  may  be  increased,  for  tliat  purpose,  not  exceeding  two  thou- 
sand dollars  for  each  mile  of  additional  road. 

17.  The  inhabitants  of  any  road  district  in  the  State  may  grade, 
gravel,  or  plank,  the  road  or  roads  in  such  district,  by  anticipating 
the  highway  labor  of  such  road  district,  for  one  or  more  years,  and 
applying  it  to  the  immediate  construction  of  such  plank  or  gravel 
road ;  and  they  will  thereupon  be  exempt  from  the  labor  so  antici- 
pated, except  so  far  as  their  labor  may  be  required  to  keep  such 
road  or  roads  in  repair.  Any  road  so  constructed  will  be  a  free 
road. 


FORMS. 
§  834.  Notice  of  Subscription. 

PLANK    ROAD    NOTICE. 

Notice  is  hereby  given,  that  books  of  Subscription  to  the  capital 
jstock  of  a  company  proposed  to  be  incorporated  for  the  construc- 
tion of  a  plank  [or,  turnpike]  road  from  to  ,  to  be 
called  "  The  Road  Company,"  will  be  opened  at  the  house 
of  0.  P.,  in  the  city  of  ,  on  the  day  of  , 
18  ,  and  that  such  books  will  remain  open  at  the  said  place  imtil 
the  whole  amount  of  the  capital  stock  shall  be  subscribed. 

Dated  ,  18     . 


§  835.  Articles  of  Association  for  the  Formation  of  a  Plank  Road 

(Jom'pany. 
Articles  of  Association  made  and  entered  into  this  day 

of  ,  by  and  between  the  persons  whose  names  are  hereunto 

subscribed,  Witnesseth: 

First — That  we,  the  undersigned,  do  hereby  form  ourselves  into  a 
Corporation,  for  the  purpose  of  constructing  and  owning  a  Plank 
Road  from  to  ,  wholly  within  the  county  of  % 

\or,  counties  of  ,  and  ]  and  State  of  New  York 

Second — The  name  of  such  Corporation  shall  be  ,  and  the 

same  shall  continue  years  from  the  day  of  the  date  of 

tiese  articles. 


PLANK  ROADS. 


46S 


Third — The  capital  stock  of  said  Corporation  shall  be 
dollars,  and  shall  be  divided  into  shares,  of  dol- 

hirs  each. 

Fourth — There  shall  bt  Directors  of  said  Company,  and  A. 

B.,  C.  D.,  &c.,  of  the  town  of  ,  &c.,  shall  be  the  first 

Directors  thereof. 

Fifth — Said  Road  shall  commence  at  ,  in  the  town  of  , 

in  said  county  of  ,  and  run  thence,  through  a  part  of  said 

town  of  ,  to  the  town  of  ;  thence  through  said 

town  of  ,  to  the  villao-e  of  :  thence  throuoh  said 

village,  &c.,  [describe  the  route  to  the  place  of  termination,  giving 
each  town,  village  and  city  through  which  it  is  proposed  to  con- 
struct the  road.^ 

i>ixth — It  shall  be  the  duty  of  the  Directors,  to  issue  Scrip  to  those 
who  shall  be  entitled  to  stock  in  stiid  Company ;  when  five  per 
cent  on  the  amount  of  such  stock  sliall  have  been  paid  in  thereon, 
which  Scrip  shall  be  signed  by  the  President  and  countersigned  by 
the  Secretary  of  said  Compfiny. 

Seventh — It  shall  be  the  duty  of  the  Treasurer,  to  indorse  upon  the 
Scrip,  which  shall  be  held  by  any  Stockholder,  every  sum  which 
shall  be  received  by  such  Treasurer  thereon,  and  the  time  when 
any  such  sum  shall  be  so  received. 


Names  of  Siuckholders. 


Residence,  (Town  or  Village.) 


County. 


No.  Shares 


The 


§  836.  Scrip   Certificate. 
Plank  Road  Company. 


This  certifies  that  A.  B.,  of  is  entitled  to  shares 

of  the  capital  Stock  of  the  Plank  Road  Company,  each 

share  being  dollars,  upon  each  share  of  which  there  has 

been  paid  the  sum  of  ,  subject  to  such  future  payments  {»s 

may  from  time  to  time  be  required  by  the  Directors  and  the  condi- 
tions of  the  Articles  of  Incorporation;  said  Stock  is  transferable 
only  on  the  books  of  the  Corporation,  by  the  Stockholder  in  person, 
or  by  his  attorney,  and  on  surrender  of  this  certificate.  In  testimony 
whereof,  the  President  and  Secretary  have  hereunto  sot  their  hands 
at  ,  this  day  of  ,185     . 

S.  G.,  Secretary.  30  L  B.,  President 


466  NEW  clerk's  assistant. 

§  837.  Affidavit  of  Amount  of  Stock  paid  in. 

State  of  New  York,  ) 
County,  ss:    J 
A.  B.,  C.  D.,  and  E.  F.,  being  duly  sworn,  depose  and  say,  and 
each  for  himself  deposeth  and  saith,  that  they  are  Directors  of  "  The 
Road  Company,"  and  that  five  per  cent,  of  tlie  capital 
stock  of  said  Company,  described  in  the  witliin  articles  of  association, 
lias  been  actually  and  in  good  faith  paid  in  to  the  Directors  thereof, 
ta  cash. 

Sworn  to  before  me  ,)  A.  B. 

fids  day  of  ,  18     .  ^  C.  D. 

G.  H.,  County  Judge.    )  E.  R 

[  Or  any  officer  authorised  to  administer  oathsJ] 


§  838.  Notice  of  Application  to  Board  of  Supervisors} 
Plank  Road  Notice. 

by  "  The  Road  Company." 

Notice  is  hereby  given  that  apphcation  will  be  made  to  the  Board 
of  Supervisors  of  the  county  of  ,  at  their  annual  meeting 

to  be  held  at  the  Court  House  in  the  of  ,  on  the 

day  of  18     ,  for  their  assent  to  the  construction  of  a 

plank  [or,  turnpike]  road,  from  the  of  to  the 

of  ,  in  said  county. 

Dated  .18    . 


§  839.   Conveyance  of  Right  of  Way  hy  Owner. 

This  Indenture,  made  this  day  of  ,18,  between  A. 

B.,  of  the  town  of  ,  in  the  county  of  ,  and  State  of 

New  York,  of  the  first  part,  and  "  The  Road  Company," 

of  the  second  part,  Witnesseth :  That  the  said  party  of  the  first  part, 
for  and  in  consideration  of  dollars  to  him  in  hand 

paid,  and  also  in  consideration  that  the  said  Road  Com- 

pany shall  commence  and  complete  a  plank  road  from  the 
of  to  ,  has  bargained  and  sold,  and  by  these  pre- 

sents does  bargain,  sell  and  convey  unto  the  said  party  of  the  second 
part,  and  its  successors,  the  right  of  way  over  and  through  the  lands 


'  Where  a  special  meeting  ia  called  to  hear  an  application,  each  member  of  the  Board  mual 
l>e  notified  of  the  time  and  place  of  such  meeting,  at  the  expense  of  the  Company. 


PLAKK   ROADS.  467 

of  the  said  party  of  the  first  part,  for  the  purpose  of  laying,  con- 
structing, and  using  such  plank  road.  Said  road  is  to  be  laid  out, 
constructed  and  used  on  the  line  of  the  highway,  J[or,  as  the  case 
may  he,^  leading  from  to  ,  and  to  be  not  exceeding 

four  rods  in  ^vidth,  including  the  line  and  width  of  the  present  high- 
way. 

The  route  hereby  intended  to  be  conveyed,  begins  at  the  north 
line  of  lands  now  owned  by  and  occupied  by  ,  and 

runs  thence  northerly  to  the  south  line   of  land  owned  by 
and  occupied  by  ,  in  said  county  of  Cayuga. 

Witness  the  hand  and  seal  of  the  said  party  of  the  first  part  the 
day  and  year  first  above  written. 

Sealed  and  deUvered  '\  A.  B.  [u  a] 

in  presence  of       > 
R  P.  \ 


§  840.   Consent  of  Inhabitants. 
We,  the  undersigned,  owners  of  land  along  the  highway  leading 
from  to  ,  and  residing  on  said  highway,  do  herebv 

give  our  consent  to  the  construction  of  a  plank  [or,  turnpike]  road 
on  the  one  of  said  highway  from  to  aforesaid. 

Witness  our  hands  this  day  of  ,18. 

A.  R 
<kc.,  &c. 


§  841.  Release  of  Right  of  Way,  by  Supervisor  and  Commissioners. 

This  Agreement,  made  this  day  of  ,  between  G. 

H.,  Supervisor  of  the  town  of  ,  in  the  county  of  , 

and ,  A.  B.,  C.  D.,  and  E.  F.,  Commissioners  of  Highways  of  said 
town,  of  the  first  part,  and  the  Plank  Road  Company  of 

the  second  part,  Witnesseth :  That  the  said  parties  of  the  firsi  pa:t 
do  hereby  sell  and  convey  unto  the  said  party  of  the  second  part, 
in  consideration  of  dollars  to  them  in  hand  paid,  by  the  Scud 

party  of  the  second  part,  the  receipt  whereof  is  hereby  acknow- 
ledged, the  right  to  use  and  occupy  the  highway,  &c.,  [describe  the 
route,']  for  the  purpose  of  constructing,  owning  and  using  a  Plank 
lioad  thereon,  during  the  time  it  shall  be  needed,  or  reqiured,  lliere- 
for  by  the  Siiid  Company. 

Witness  our  hands,  as  such  Supervisor  and  Commissioners  of  the 
(own  aforesaid,  the  day  and  year  first  above  written. 

Signed  in  presence  of  )  G.  H.,  Supervisor. 

R  F.  f  A.  B.,  ]  Commissioners  of 

C.  D.,  >■  Highways  of  the 
E.  F., )  Town  of 


468  iTsw  clerk's  assistant. 

§  842.     AcJcnowledgment  of  a  Survey. 


State  of  New  York, 


;[ 


County,  '' 

On  this  day  of  ,  18       ,  before  me,  personally 

appeared  A.  B.,  C.  D.,  and  E.  F.,  Commissioners  appointed  by  the 
Board  of  Supervisors  of  the  county  of  ,  to  lay  out  a 

road,  to  be  constructed  by  the  Company,  from  to  , 

\or,  A.  B.  and  C.  D.,  the  President  and  Secretary,  respectively,  of 
the  Company,]  and  severally  acknowledged  that  their  signatures 
to  tlie  foregoing  [or,  within]  survey  of  the  said  road,  were  true 

and  genuine. 

G.  H.,  County  Judge. 
\_0r  any  officer  authorized  to  take  acknowledgments^] 


§  843.  Notice  to  Pay  in  Installment 
July 


Office  of  the  Koad  Company, ) 

,18         .[ 


Sir: 

By  order  of  the  Board  of  Directors  of  the  Road  Company, 

you  are  required  to  pay  in  to  the  Treasurer,  at  his  office  in  ,  a 

second  installment  of  per  cent,  on  your  stock,  on  or  before  the 

day  of  ,  18       .  ' 

Yours,  (fee, 

S.  G.,  SecretaiT. 
To  Mr.  A.  R 


§  844.   Proxy.  » 

[For  Proxy,  Oaths,  and  Affidavits,  Power  to  receive  Dividends, 
and  other  forms  used  by  Corporations  or  Stockholders,  see  Chapter 


VII.] 


§  845.  Notice  of  Drawing  Jury  to  Assess  Darnages. 

the  Comp 

July  ,  18 


Office  of  the  Company,  ) 


To  Mr.  A.  B.  : 

Please  take  notice.  That  on  the  day  of  ,18      ,  at 

10  o'clock  A.  M„  Hon.  J.  P.  H.,  County  Judge  of  county,  wli 

•  For  other  forms,  wliere  ilie  sienaiures  are  proved  by  a  subscribiag  witiiesa,  or  the  jiartiei 
fere  not  known  to  the  olficer,  see  Chap.  1. 


PLANE   ROADS.  469 

attend  a  draAvlng  from  the  grand  jury-box  of  county,  at  the 

office  of  the  County  Clerk,  in  the  city  of  Auburn,  said  drawing  to  be 
made  hy  E.  B.  C,  County  Clerk  of  Cayuga  county,  pursuant  to  an 
order  of  said  Judge,  of  twenty-four  competent  and  disinterested 
Jurors,  and  as  many  more  as  said  Judge  shall  direct,  to  ascertain  the 
compensation  and  damages  of  each  person  owning  land  on  or  ad- 
joining the  Hne  of  the  road,  running  through  the  town  of  , 
in  said  county,  on  the  straight  road  (so  called)  from  to  , 
between  the  north  hne  of  said  town  and  the  house  of  C.  D, ;  said 
road  being  of  the  width  of  four  rods,  as  surveyed  by  G.  H.,  and 
located  by  L.  M.,  S.  T.,  and  V.  W.,  Commisioiiers  duly  appointed  by 
the  Board  of  Supervisors  of  county  for  such  purpose ;  and  also 
to  ascertain  the  compensation  and  damages  of  the  town  of  , 
for  taking  said  road  to  construct  a  plank  road  thereon,  [or,  of  the 
persons  owning  land  on  the  line  of  the  ^aid  proposed  road.'] 
By  order  of  the  Board  of  Directors. 

S.  G.,  Secretary 


§  846.  Notice  of  Meeting  of  Jury. 

Office  of  the  Company, ) 

July  ,18       .  j 

To  Mr.  A.  B.  : 

Please  take  notice.  That  a  jury  drawn  in  pursuance  of  the  Statute 
in  such  case  made  and  provided,  to  ascertain  the  compensation  and 
damages  of  the  several  owners  of  land  on  the  hne  of  the  road, 

between  the  north  hne  of  the  town  of  ,  and  the  house  of  C. 

D.,  on  the  hne  of  the  present  highway,  called  the  straight  road,  and 
being  of  the  width  of  four  rods,  and  also  to  ascertain  the  compen- 
sation and  damages  of  the  town  of  for  the  same,  will  meet, 
pursuant  to  an  order  made  by  Hon.  J.  P.  H.,  County  Judge  of 
county,  at  ou  the  day  of  ,  18  ,  at 
o'clock  in  the  noon,  to  ascertain  such  damages  and  compensa- 
tion. 

By  order  of  the  Board  of  Directors. 

S.  G.,  Secretary 


>  If  the  jury  are  to  assess  the  damages  both  ff  the  town  and  prirtte  inUiriduals,  it  shouli 
bo  mentioned  iu  the  notice. 


CHAPTER    XXXV. 
POOE  LAWS. 

PRACTICAL   REMARKS 


1.  The  father,  mother,  and  children,  who  are  of  sufficient  ability, 
of  any  poor  person  who  is  blind,  old,  lame,  impotent,  or  decrepit,  so 
as  to  be  unable  to  maintain  himself,  must,  at  their  own  charge,  re- 
lieve and  maintain  such  poor  person,  in  such  manner  as  shall  be  ap- 
proved by  the  Overseers  of  the  Poor  of  the  town;  and  upon  the 
failure  so  to  do,  such  Overseers  may  apply  to  the  Court  of  Sessions 
of  the  county,  to  compel  such  relief' 

2.  Whenever  the  father,  or  mother,  bemg  a  vddow,  or  living  sepa- 
rate from  her  husband,  shall  abscond  from  their  children,  or  a  hus- 
band from  his  wife,  leaving  any  of  them  chargeable,  or  hkely  to  be- 
come chargeable,  upon  the  public,  for  support,  the  Overseers  of  the 
Poor  may  apply  to  any  two  Justices  of  the  Peace  of  any  county  in 
which  any  estate,  real  or  personal,  of  the  said  father,  mother,  or  hus- 
band, may  be  situated,  for  a  warrant  to  seize  the  same.  In  those 
counties  where  all  the  Poor  are  a  charge  upon  the  county,  the  Su- 
perintendents of  the  Poor  have  the  same  powers  as  Overseers  of  the 
Poor  in  respect  to  compelling  relatives  to  maintain  paupers,  and  the 
seizure  of  the  property  of  any  parent  absconding  and  abandoning  his 
family.^ 

3.  Every  person  who  is  blind,  lame,  old,  sick,  impotent,  or  decre- 
pit, or,  in  any  other  way  disabled,  or  enfeebled,  so  as  to  be  unable  by 
his  work  to  maintain  himself,  must  be  maintained  by  the  county  or 
town  in  which  he  may  be.^ 

>1  R.  S.  (3d  ed.,) 782, 4  l.etseq.:  7  Cowen,  I  «  1  R.  S.  (3ded.,)783,  S8,  et  seq. ;  Id.,  784, 
236.  §13;  21  Wendell,  181. 

•  1  R.  S.  (3d  ed.,)  784,  §  14. 


POOR   LAWS.  471 

4.  Three  County  Superintendents  of  the  Poor  are  chosen  at  the 
annual  November  election,  in  each  county  in  this  State,  exc^t  th« 
city  and  county  of  New  York, — one  Superintendent  being  annually 
elected, — to  sei-ve  for  three  years  from  the  first  day  of  January  next 
after  such  election.  The  Board  of  Supervisors  of  any  county  may, 
however,  at  any  annual  meeting,  direct  only  one  Superintendent  to 
be  elected,  who  will  hold  his  office  for  three  years.' 

5.  Every  person  elected  to  the  office  of  County  Superintendent  of 
the  Poor,  must,  before  the  first  day  of  January  succeeding  his  elec- 
tion, take  the  oath  of  office,  and  execute  a  bond,  conditioned  as  in 
§  847,  to  the  Supervisors  of  the  county,  in  such  penalty,  and  with 
two  or  more  sufficient  sureties,  as  the  board  may  dhect  and  approve. 
The  bond,  with  the  approbation  of  the  board  indorsed  by  their 
clerk,  is  to  be  filed  in  the  office  of  the  County  Clerk.  In  the  recess 
of  the  board,  the  sureties  may  be  approved  by  the  County  Clerk.'' 

G.  The  County  Superintendents  constitute  a  corporation,  by  the 
name  of  the  Superintendents  of  the  Poor  of  the  county  in  and  for 
which  they  are  so  elected,  and  have  the  general  supervision  and  con- 
trol of  the  relief  and  support  of  the  poor  in  such  county.  They  are 
authorized  to  audit  and  settle  all  accounts,  and  to  draw  from  time  to 
time  on  the  County  Treasurer  for  all  necessary  expenses  incurred  in 
the  discharge  of  their  duties,  and  are  required  to  account  therefor, 
to  the  Board  of  Supervisors  at  their  annual  meeting.' 

7.  It  is  the  duty  of  the  Superintendents  of  the  Poor  of  each 
county,  during  the  month  of  December  in  each  year,  to  report  to  the 
Secretary  of  State,  the  number  of  paupers  relieved,  or  supported,  in 
such  county,  the  preceding  year,  with  the  sex,  and  native  country, 
of  each  pauper,  and  the  expense  of  then*  support  or  maintenance.* 

8.  In  those  counties  whei-e  all  the  poor  are  not  a  county  charge, 
the  Supervisors  of  the  respective  towns  are  required  to  report  to  the 
Clerk  of  the  Board  of  Supervisors,  within  fifteen  days  after  the 
accounts  of  the  Overseers  ha\e  been  settled  by  the  Board  of  Town 
Auditors,  an  abstract  of  all  such  accounts.  These  abstract*  are  to  be 
delivered  by  the  Clerk  of  the  Board  of  Supervisors  to  the  County 
Superintendents,  to  be  included  by  them  in  their  report  to  the  Secre- 
tary of  State.* 

9.  Every  person  of  full  age,  who  ha.s  been  a  resident  and  inhabi- 
tant of  any  town,  for  one  year,  and  the  members  of  his  family  who 
liave  not  gained  a  separate  settlement,  will  be  deemed  settled  in  such 
town,  so  far  as  the  provisions  of  law  relative  to  the  support  of  the 
poor  are  concerned.' 

'  Laws  of  1&17,  chap.  493;  Laws  of  1849,  I  292;  10  Wend.,  612;  4  Hill.SGS;  8  Pai?e,409. 
chap.   116.  I      <  1  R.  S.  (3il  ed,,)  79S,  (.81  ;  I.aw.s  of  1M2, 

t  F.nws  of  1!^8,  chap.  327 ;  Laws  of  1850,  i  chap.  '211  ;   Laws  of  1^9,  chop.  100. 
chap.  12.  I      6  1  R.  s.  (3d  ed.,)  799,  §  §85,  86. 

3  1  K.  S.  (3d  ed.,)  785,  §  18,  el  oeq  ;  Laws  I  »  1  R  S.  (3d  ed.,)  73S,  «  33  •  Laws  of  183t, 
of  1S31,  chap.  277;   Laws  of  1832,  chap.  26,    chap.  320. 


472  KBW  clkrk's  assistant. 

10.  The  electors  of  each  town  in  this  State,  except  in  the  counties 
of  Montgomery,  Kings  and  New  York,  have  the  power  at  their 
annual  town  meeting,  to  determine  whether  they  will  choose  one  or 
two  Overseers  of  the  Poor,  and  the  number  determined  upon  will  be 
the  number  to  be  elected.  Such  overseers  have  the  discretionary  right 
to  expend  a  sum  not  exceeding  ten  dollars,  for  the  relief  of  one  poor 
person  or  family,  without  any  order  from  a  Justice  of  the  Peace  there- 
for.' 

11.  The  Overseers  of  the  Poor  in  the  several  towns  in  the  county 
of  Livingston,  may  reUeve  poor  persons  within  their  respective  towns, 
previous  to  their  removal  to  the  county  house,  but  at  the  expense  of 
such  towns.  ^  The  names  of  the  persons  so  relieved  must  be  entered 
in  a  book,  which  is  to  be  laid  beibre  the  Town  Auditors  at  the  time 
of  auditing  the  accounts  of  such  Overseers.  The  foregoing  provisions 
may  be  extended  to  any  county  in  the  State,  provided  the  Board  of 
Supervisors,  by  resolution,  declare  their  intention  to  adopt  them.' 

12.  It  is  not  lawful  for  any  officer  whose  duty  it  is  to  provide  for 
the  maintenance,  care,  or  support,  of  indigent  persons,  at  public  ex- 
pense, to  put  up  at  auction  the  keeping,  care,  and  maintenance,  of 
such  person,  to  the  lowest  bidder ;  and  any  contract  so  made  with  a 
bidder  will  be  absoluteiy  void.' 

13.  All  idle  persons,  who,  not  having  any  visible  means  to  main- 
tain themselves,  live  without  employment;  all  persons  wandering 
abroad,  and  lodging  in  taverns,  groceries,  beer-houses,  out-houses, 
market  places,  sheds,  or  barns,  and  not  giving  a  good  account  of 
themselves;  all  persons  wandering  abroad  and  begging,  or  who  go 
about  from  door  to  door,  or  place  themselves  in  the  streets,  highways, 

Passages,  or  other  public  places,  to  beg  or  receive  alms,,  are  to  be 
eemed  vagrants,  and  may  be  taken  before  a  magistrate,  to  be  com- 
mitted to  the  county  poor  house,  if  proper  objects  for  relief ;  or,  if 
otherwise,  to  the  coijnty  jail.  Children  found  begging  are  to  be 
sent  to  the  poor  house,  and  may  be  bound  out  by  the  Superinten- 
dents, or  Overseers  of  the  poor,  or  Commissioners  of  the  Alms  house.* 

14.  If  the  committee,  or  the  relatives  of  a  lunatic  or  mad  person, 
refuse  or  neglect  to  confine  and  maintain  such  person,  the  Overseers 
of  the  Poor  may  apply  to  any  two  Justices  of  the  Peace  of  the  city, 
or  town,  where  such  lunatic  shall  be  found,  for  a  warrant  to  appre- 
hend and  confine  such  person.' 

1 5.  Overseers  of  the  Poor  may  designate  and  describe  any  person 
whom  they  discover  to  be  a  habitual  drunkard,  in  writing,  and  by 
written  notice  require  every  person  dealing  in  spirituous  liquors  vr 


'  Laws  of  134.',  chap.  180.  I      »  Laws  of  1848.  chap.  176. 

«   Laws  of  1845,  chap.  334  ;  Laws  of  1&16,  !     <  1  R.  S.  (3d  ed.,)  802,  &  1,  et  sec|. 
•hap.  ai5.  .  I      »  1  R.  S.  (.3d  ed  ,)  805,  5  1,  et  acq. 


POOR  LAWS.  47s 

any  other  person,  not  to  give  or  sell  spirituous  liquors  to  such  drunk- 
ard.' 

16.  If  any  -woman  be  delivered  of  a  bastard  child,  which  shall  b© 
chargeable,  or  likely  to  become  chargeable,  to  any  county,  city,  o) 
town ;  or  be  pregnant  of  a  child  likely  to  be  born  a  bastard,  and  to 
become  so  chargeable,  the  Superintendents  of  the  Poor  of  the  county, 
or  any  of  them,  or  the  Overseers  of  the  Poor  of  the  town,  or  any  ot 
them,  are  required  to  apply  to  some  Justice  of  the  Peace,  to  inquire 
into  the  facts  and  circumstances  of  the  case.  Superintendents  of  the 
Poor  may  compromise  with,  and  discharge,  putative  fathers  of  bas- 
tards, upon  such  terms  as  they  may  think  to  be  just.  "When  any 
such  compromise  is  made,  the  mother  may  receive  the  money,  on 
giving  security  for  the  maintenance  of  the  oluld." 


FORMS 

§  847,  Bond  of  County  Superintendent. 

Know  all  men  by  these  presents:  That  we,  G.  H.,  C.  D.,  and  E. 
F.,  of,  &c.,  are  held  and  firmly  bound  unto  the  Supervisors  of  the 
county  of  ,  State  of  ,  in  the  penal  sum  of 

dollars,  to  be  paid  to  the  said  Supervisors,  for  which  payment  well 
and  truly  to  be  made,  Ave  bind  ourselves,  our,  and  each  of  our  heirs, 
executors  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Sealed  with  our  seals,  and  dated  the  day  of  ,  A. 

D.  18      . 

Whereas,  the  above  bounden  G.  H.  has  been  duly  elected  to  the 
office  of  County  Superintendent  of  the  Poor  for  the  county  of 
,  aforesaid,  to  serve  for  the  term  of  three  years  from  the  first 
day  of  January,  A.  D.  18  :  Now,  therefore,  if  the  said  G.  H.  shall 
ftiitb fully  execute  the  duties  of  his  office,  and  shall  pay,  according  to 
law,  all  moneys  which  shall  come  to  his  hands,  as  Superintendent  of 
the  Poor,  and  render  a  just  and  true  account  thereof  to  the  Board  of 
Supervisors,  then  the  above  obligation  to  be  void ;  else  to  remain  in 
full  force. 

Signed  and  sealed  in  ^  G.  H.  [l.  8.| 

presence  of  >•  C.  D.  [l.  s.° 

A.  M.  )  E.  F.  [l.  8.'^ 

The  sureties  in  the  above  bond  were  duly  approved  by  the  Board 
of  Supervisors,  this  day  of  ,18 

D.  M.,  Clerk  of  the  Board 

'  1  K.  S.  (3d  ed.,)  817,  §  1,  el  seq.  I  chap.  26  ;  Laws  of  1338,  chap.  202  :  10  Jo]l»> 

«  1  R.  S.  (3d  ed.,)  823,  §  6;  Laws  of  1332,  |  ion,  93  j  3  Uill.  116. 


474  NEW  clerk's  assistant. 

§  848.  Application  to  Compel  a  Person  to  support  a  Poor 

Relative. 

To  the  Court  of  Sessions  of  the  County  of 

The  application  of  the  undersigned,  E.  F.,  Overseer  of  the  Poor  o< 
the  town  of  ,  in  said  county,  respectfully  represents :    That  A. 

B.,  a  poor  person,  who  is  blind,  \or,  lame,  old,  impotent,  or  decrepit, 
as  the  case  may  6e,]  so  as  to  be  unable  by  work  to  maintmn  himself, 
[or,  herself,]  is  in  the  said  town ;  that  C.  B.,  who  resides  at  , 

in  the  said  county,  is  the  father  of  the  said  A.  B.,  and  has  failed,  at 
his  own  charge,  to  reUeve  and  maintain  the  said  A.  B.  in  such  man- 
ner as  has  been  approved  by  the  undersigned:  Wherefore,  pursuant 
to  the  provisions  of  section  2,  title  1,  chapter  20,  part  1,  of  the  Re- 
vised Statutes  of  the  State  of  New  York,  the  undersigned  hereby  ap- 
plies for  an  order  to  compel  the  said  C.  B.,  who  is  of  sufficient  ability, 
to  reheve  and  maintain  the  said  A.  B.,  in  the  manner  to  be  in  such 
order  specified. 

Dated  at  the  town  of  ,  this  day  of  ,18. 

E.  R,  Overseer  of  the  Poor. 


§  849.  Notice  to  Accompany  the  Foregoing  Application.\ 
ToC.  B.: 

You  will  take  notice,  that  on  the  day  of  ,  at  ten 

o'clock  in  the  forenoon,  or  as  soon  thereafter  as  a  hearing  can  be  had, 
the  undersigned,  Overseer  of  the  Poor  of  the  town  of  ,  will 

apply  to  the  Court  of  Sessions  of  the  county  of  ,  at  the  court 

house  in  the  town  of  ,  in  said  county,  for  an  order  to  compel 

the  relief  appUed  for  by  the  appUcation,  which  will,  at  the  time  and 
place  above  mQntioned,  be  presented  to  the  said  court,  and  of  which 
the  annexed  is  a  copy. 

Dated  at  ,  this  day  of  ,  18      . 

E.  F.,  Overseer  of  the  Poor. 


§  850.  Affidavit  of  Service. 
County,  ss: 
E.  F.,  of  the  town  of  ,  in  said  county,  being  duly  sworn, 

says,  that  on  the  day  of  ,  he  served  a  copy  of  the 

annexed  notice  and  application,  on  C.  B.,  therein  named,  by  deliver- 
ing the  same  to  him,  \or,  by  leaving  the  same  at  his  last  place  of  resi- 
dence, with  O.  P.,  a  person  of  mature  age.] 

Sworn  to,  before  me,  this  )  E.  F. 


day  of  ,  18 

G.  H.,  Justice,  &c. 


»  A  copy  of  the  appliGation  with  the  above  notice,  should  be  personally  served  on  tht 
oerson  to  v^hom  it  is  directed,  or  be  left  at  his  lapt  place  of  re?iJence  with  some  person  of 
iiiniure  age.  It  will  be  borne  in  mind,  that  in  those  counties  where  all  the  poor  are  a  cou.ity 
charge,  the  application,  (§  S4S,)  should  be  made  by  a  County  Superintendent  and  the  fornu 
from  §  848  to  §  854,  may  be  varied  for  the  purpose. 


POOR  LAWS.  476 

5  851.    Warrant  to  Seize  the  Goods  of  an  Absconding  Father, 
Husband,  or  Mother. 

Coupty,  ss: 
To  E.  F.,  Overseer  of  the  Poor  of  the  Town  of  ,  in  said 

county : 

It  appearing  to  us,  two  of  the  Justices  of  the  Peace  of  said  coun- 
ty, as  well  by  the  application  and  representation  to  us  made  by  you, 
the  said  Overseer,  as  upon  due  proof  of  the  facts  before  us  made, 
that  A.  B.,  late  of  said  town,  has  absconded  from  his  wife  and  chil- 
dren, leaving  the  said  wife  and  chudren  chargeable  [or,  likely  to  be- 
come chargeable]  to  the  public  for  support;  and  that  the  said  A.  B. 
has  some  estate,  real  or  personal,  in  said  county,  whereby  the  public 
may  be  wholly  or  in  part  indemnified  against  said  charge :  We  there- 
fore authorize  you,  the  said  Overseer  of  the  Poor,  to  take  and  seize 
the  goods,  chattels,  effects,  things  in  action,  and  the  lands  and  tene- 
ments of  the  said  A.  B.,  whei-ever  the  same  may  be  found  in  said 
county :  And  you  will,  immediately  upon  such  seizure,  make  an  inven- 
tory of  the  property  by  you  taken,  and  return  the  same,  together 
with  your  proceedings,  to  the  next  Court  of  Sessions  of  said  county. 

Given  under  our  hands,  in  the  town  of  ,  this  day 

'  '  S    T  i  J^*^^®^ 


§  852.  Return  of  Overseer  to  the  Foregoing  Warrant. 

County,  ss. : 
To  the  Court  of  Sessions  of  said  County : 

The  undersigned,  to  whom  the  annexed  warrant  is  addressed,  on 
the  day  of  ,  18       ,  in  the  county  of  , 

therein  mentioned,  seized,  by  virtue  of  the  said  warrant,  the  property 
of  which  an  inventory  is  hereunto  annexed ;  and  the  proceedings  of 
the  imdersigned,  subsequent  to  the  said  seizure,  are  as  follows :  \stxiJe 
the  'proceedings  particularly.']  AU  which  is  herewith  respectfully  re- 
turned. 

Dated,  &c.,  [as  in  §  848.] 


§  853.  Bond  to  be  Given  by  Party  where  Property  has  been  Seized.\ 

Know  aU  men  by  these  presents :  That  we,  A.  B.  and  L.  M.,  both 
*f  the  town  of  ,  in  the  county  of  ,  are  held  and 

'  Upon  tho  execution  of  the  bond  and  approval  of  the  security,  by  any  two  Justices  of  Um 
town,  the  warrant  muat  be  discharged,  and  the  property  restoreii. 


47(1  NEW  clerk's  assistant. 

firmly  bound  unto  E.  R,  Overseer  of  the  Poor  of  the  toTra  of  , 
in  the  sum  of  dollars,  for  the  payment  whereof  to  the  said 

Overseer,  or  his  successor  in  office,  we  bind  ourselves,  our  heirs,  ex- 
ecutors and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Scaled  with  our  seals,  and  dated  at  ,  this  day 

of  ,  18     . 

The  condition  of  this  obligation  is  such,  that  whereas  the  said  Over- 
seer of  the  Poor  lately  seized  the  property  of  the  said  A.  B.,  under 
a  warrant  issued  by  G.  H.  and  S.  T.,'  two  Justices  of  the  Peace  of 
the  county  of  ,  upon  due  proof  to  them  given,  that  the  said  A, 

B.  had  absconded  from  Ids  wife  and  children,  lea\angthem  chargeable 
\or,  hkely  to  become  chargeable]  upon  the  public  for  support ;  and 
whe  said  A.  B.  having  returned,  and  being  desirous  of  having  his 
property  so  taken  restored  to  him  :  Now,  therefore,  if  the  said  wife 
and  children  so  abandoned  shall  not  become  chargeable  either  to  said 
town  or  county,  then  this  obligation  is  to  be  void  ;  otherwise  of  force. 

Sealed  and  delivered,  and  the  security  )  A.  B.  [l.  s.l 

approved,  by  and  before  us,  two  of  V  C.  D.  [l.  b.] 

the  Justices  of  the  tovra  of  . ) 

a*  m'*  [-Justices. 


§  854.   Order  to  Discharge  the  Warrant,  and  to  Restore  Property. 

County,  ss: 

To  E.  F.,  Overseer  of  the  Poor  of  the  Town  of  ,  in  said 

county : 

Whereas,  by  a  warrant  to  you  directed,  bearing  date  the  day 
of  ,18     ,  you  were  authorized  to  seize  the  goods,  chattels, 

effects,  things  in  action,  and  the  lands  and  tenements,  of  A.  B.,  upon 
proof  that  he  had  absconded  from  his  wife  and  children,  leaving  them 
chargeable  to  the  public  for  support  :  And  whereas,  the  said  A.  B. 
has  returned,  and  now  supports  his  wife  and  children  so  adandoned, 
[or,  has  given  security  to  the  Overseer  of  the  Poor,  satisfactory  to 
us,  that  his  said  wife  and  children  shall  not  become  chargeable  either 
to  said  town  or  county :]  We  do,  therefore,  hereby  discharge  the  said 
warrant  issued  against  the  said  A.  B.,  and  direct  the  property  taken 
by  virtue  thereof  to  be  restored  to  him. 

Given,  &c.,  [as  in  §  851.] 


POOR  ^AW8.  477 

S  855.  Notice  from  one   Town  to  another,  in  a  County  where  the 
Towns  are  Liable  to  Support  their  own  Poor,  requiring  the 
Overseer  of  the  Town  in  which  the  Pauper  has  a  Residence, 
to  Provide  for  his  Support} 
County,  ss: 
To  E.  F.,  Overseer  of  the  Poor  of  the  Town  of  ,  m  said 

county : 
You  are  hereby  notified,  that  A.  B.,  a  pauper,  who  has  gained  a 
settlement  in  your  town,  to  which  he  belongs,  is  in  the  town  of         , 
in  said  county,  and  is  supported  at  the  expense  of  the  said  town  of 
,  for  which  the  undersigned  is  Overseer :  You  are  there- 
fore required  to  provide  for  the  relief  and  support  of  the  said  pauper. 
Dated  at  ,  this  day  of  ,18. 

R.  F.,  Overseer  of  the  Poor  of  the  Town  of 


§  856.  Notice  that  the  Allegation  of  Settlement  will  be  Contested. 
County,  ss: 
To  R  F.,  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

county : 

You  will  take  notice,  that  the  undersigned.  Overseer  of  the  Poor 
of  the  town  of  ,  in  said  county,  will  appear  before  the  Su- 

perintendents of  the  Poor  of  the  said  county,  at  the  poor  house,  [or, 
as  the  case  mag  6e,]  on  the  day  of  ,  at  ten  o'clock  in 

the  forenoon,  to  contest  the  alledged  settlement  of  A.  B.,  a  pauper, 
as  set  forth  in  your  notice  of  the  instant 


ny. 

:.,  [c 


Dated,  <fec.,  [as  in  §  849.] 


§  857.  Subpoena  of  the  Superintendents. 
County,  ss: 
The  People  of  the  State  of  New  York,  to  C.  D.: 

You  arc  hereby  required  personally  to  appear  before  the  under- 
sio-ned,  Superintendents  of  the  Poor  of  the  said  county,  at  the  poor 
house,  [or,  such  place  as  is  designated  in  the  )iotire,]  on  the 
day  of  ,18       ,  at  ten  o'clock  in  the  forenoon,  to  testify  in 

behalf  of  the  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

county,  concerning  the  alledged  settlement  of  A.  B.,  a  pauper. 

Given  under  our  hands,  this  day  of  ,  18    . 

Q      TT  •\ 

T    AT '       L  Superintendents  of 
(kc,  &c. 


^-  ^^•'       ^      the  Poor. 


'  This  notice  should  he  served  on  the  Overseer  by  some  person  who  can  make  oath  to  such 
service,  if  the  same  should  become  necessary.  If  the  Overseer  on  whom  the  notice  la  served 
desires  to  contest  the  settlement,  he  must,  within  ten  days  after  such  service,  give  notice  to 
the  other  Overseer  to  appear  before  itie  Siiperintcndemj',  in  not  less  than  ten  and  nni  mtirt 
than  thirty  days  from  the  service  of  such  notice,  and  conieni  the  setilcmeiii.  The  Superin- 
tendents are  authorized  to  issue  subpienas,  and  to  compel  the  attendance  of  witnesses  on  th* 
tMaring. 


478  NEW  clerk's  assistant. 

§  858.  Superintendents'  Decision} 
County,  ss: 

We,  tlie  undersigned,  Superintendents  of  the  Poor  of  said  county, 
Laving  convened,  as  required  by  the  Overseer  of  the  Poor  of  the 
town  of  ,  in  said  county,  pursuant  to  notice,  to  hear  and  de- 

termine a  controversy  wliich  had  arisen  between  the  said  Overseer, 
and  the  Overseer  of  the  town  of  ,  in  said  county,  concerning 

the  settlement  of  A.  B.,  a  pauper,  do  hereby  decide,  upon  such  hear- 
ing, as  aforesaid,  that  the  legal  settlement  of  the  said  A.  B.,  as  such 
pauper,  is  [^or,  is  not]  in  the  said  town  of  .     And  the  under- 

signed hereby  award  to  the  Overseer  of  the  Poor  of  the  town  of 
,  the  prevailing  party,  the  sum  of  dollar?,  costa 

of  said  proceeding,  by  him  expended. 

Given,  &c.,  \as  in  §  857.] 


§  859.  Superintendents'  Notice  that  Pauper  will  he  Siipportect  a 
the  Expense  of  a  Town,  in  a  Govfnty  where  the  Towm  Sup- 
port their  own  PoorJ* 

County,  ss: 

To  E.  F.,  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

county : 
A.  B.,  a  pauper,  havmg  been  sent  to  the  poor  house  as  a  county 
pauper,  and  the  undersigned,  Superintendents  of  the  Poor  of  said 
county,  having  inquired  into  the  fact,  and  being  of  opinion  that  the 
said  pauper  has  a  legal  settlement  in  the  town  of  ,  in  said 

county,  pursuant  to  the  provisions  of  Section  35,  of  title  1,  of  Chap- 
ter 20,  of  Part  1,  of  the  Revised  Statutes  of  New  York,  you  are  here- 
by notified,  that  the  expenses  of  the  support  of  said  pauper  will  be 
charged  to  the  town  of  ,  unless  you,  the  Overseer  of  said  town, 

within  [insert  the  time,  to  he  not  less  than  twenty  days~\  after  the  ser- 
vice of  this  notice,  show  that  the  said  town  of  ought  not  to 
be  so  charged. 

Given,  &c.,  [as  in  §  867.] 


'  The  decision  is  to  be  entered  in  the  book  of  the  Superintendenta,  and  a  duplicate  thereof 
filed  in  the  office  of  the  County  Clerk,  within  thirty  days  ;  such  decision  will  be  final  and 
conclusive  in  the  premises.     The  costs  awarded  cannot  exceed  ten  dollars. 

a  This  notice  is  to  be  given  within  thirty  days  after  the  pauper  shall  have  been  received 
On  the  application  of  the  Overseer,  the  Superintendents  may  re-examine  the  matter  ani 
kiks  testimony,  and  make  a  final  decision  therein. 


I 


POOR  LAWS.  4Y9 

§  860.  Decision  of  Superintendents,  after  Re-examining  Settlement 
of  Pauper,  on  Application  of  the  Overseer — to  be  entered  and 
filed  in  the  same  manner    as  §  858. 

County,  ss: 
We,  the  undersigned,  Superintendents  of  the  Poor  of  the  said 
county,  having,  on  the  application  of  the  Overseer  of  the  Poor  of  the 
town  of  ,  re-examined  the  subject  matter  of  a  notice  duly 

served  on  him,  of  wliich  the  annexed  is  a  copy,  and  taken  testimony 
in  relation  thereto,  do  hereby  decide  that  A.  B.,  the  pauper  therein 
mentioned,  has  a  legal  settlement  in  the  said  town  of  ,  to 

which,  as  such  pauper,  he  belongs,  \or,  has  not  a  legal  settlement  in 
said  town  of  .] 

Given,  <kc..  [as  in  §  857.] 


§  861.   Certificate  of  a  Superintendent  that  a  Person  is  a  County 
Pauper,  on  the  Application  of  the  Overseer  of  a  Town. 
County,  ss: 
The  Overseer  of  the  Poor  of  the  Town  of  ,  having  given 

notice  to  the  undersigned,  that  A.  B.,  a  poor  person,  being  in  said 
town,  should  be  supported  as  a  county  pauper ;  I  do  hereby  certify, 
that  I  have  inquired  into  the  circumstances,  and  am  satisfied  that 
the  said  pauper  has  not  gained  a  legal  settlement  in  any  to^vn  in  said 
county,  and  that  the  said  A.  B.  is  chargeable  to  the  said  coimty. 
Dated  at  ,  this  day  of  ,  18     . 

G.  H.,  Superintendent  of  the  Poor. 


§  862.  Notice  of  Hearing  on  the  Foregoing  Certificate,  h&fore  the 

Board} 

County,  ss: 
To  E.  F.,  Overseer  of  the  Poor  of  the  Town  of  ,  in  said 

county : 
You  are  hereby  notified,  that  on  the  day  of  ,  at  ten 

o'clock  in  the  forenoon  of  that  day,  the  board  of  Superintendents  of 
the  Poor  of  said  county  will  proceed  to  a  hearing  of  the  allegations 
and  proofs  which  may  be  then  presented  in  relation  to  the  legal  set- 
tlement of  A.  B.,  in  the  town  of  ;  and  after  such  hearing, 


>  Every  case  in  which  a  certificate  is  granted  must  be  reported  to  the  board,  who  may,  ac 
their  next  meeting,  affirm  or  annul  it.  Notice  of  the  hearing  should  be  served  on  the  OY«r- 
■eer  not  less  than  twenty  days  previous  thereto  ;  and  the  final  decision  of  the  Superinteadeota 
IB  to  be  entered  and  filed  as  specified  in  the  note  lo  §  853. 


480  NEW  CLKRK  S  ASSISTANT. 

•will  aflSrm  or  annul  the  certificate  given  by  G,  H.,  one  of  the  under- 
eioned,  on  the  day  of  ,  18     ,  declaring  that  the  said 

A.  B.  was  chargeable  upon  the  county. 

Given,  &c.,  [as  in  §  857.] 


§  863.  Decision  of  the  Board  of  County  Superintendents. 

Coiuity,  ss: 
G.  H.,  one  of  the  Superintendents  of  the  Poor  of  said  coimty, 
having  repoi  ted  to  the  Board  of  County  Superintendents  of  the  Poor 
for  said  county,  the  case  mentioned  in  the  certificate,  a  duplicate  [or, 
copy]  whereof  is  hereunto  annexed,  the  said  board,  after  due  notice 
given  to  the  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

county,  and  after  hearing  the  allegations  and  proofs  in  the  premises, 
do  hereby  annul  [or,  affirm]  the  said  certificate,  and  decide  that  the 
legal  settlement  of  A.  B.,  named  therein,  is  in  the  town  of 
in  said  county. 

Given,  &c,,  [as  in  §  857.] 


§  864.  Decision  by  the  Board  of  Superintendents,  upon  the  Refu- 
sal of  the  Superintendent  to  give  the  Certificate. 

County,  ss: 

Notice  having  been  given  by  the  Overseer  of  the  Poor  of  the 
town  of  ,  in  said  county,  to  G.  H.,  one  of  the  Superintend-^ 

ents  of  the  Poor  of  the  said  county,  that  A.  B.,  a  poor  person,  being 
in  said  town,  should  be  supported  as  a  coxmty  pauper,  and  the  said 
Superintendent  having  refused  [or,  neglected]  to  give  the  certificate 
prescribed  by  Section  36,  Title  1,  Chapter  20,  Part  1,  of  the  Re-\ised 
Statutes  of  the  State  of  New  York,  and  the  undersigned,  constitu- 
ting the  Board  of  County  Superintendents  of  the  poor  for  said  coun- 
ty, having,  on  the  application  of  the  said  Overseer,  summarily  heard 
the  matter,  do  hereby  determine  and  decide  that  the  said  pauper 
has  not  gained  a  legal  settlement  in  any  town  of  the  said  county, 
and  should  be  supported  as  a  county  pauper,  [or,  has  gained  a  legal 
settlement  in  the  town  of  ,  in  said  county:]  And  we  do 

hereby  award  to  the  Overseer  of  the  town  of  ,  tlie  sum  of 

,  [not  exceeding  ten  dollars,']  costs  of  said  proceeding,  by  him 
in  this  behalf  expended. 

Given,  &c.,  [as  in  §  857.] 


POOR  LAWS. 


481 


§  865.      Order  of  the  Overseer  of  a  Town  ■'t>  Remove  a  Poor  Per- 
son to  the  Count ij  Poor  House. 
County,  ss: 

A.  B.  liaving  applied  for  relief  to  me,  the  undersigned.  Overseer 
of  the  Poor  of  the  town  of  ,  in  said  ccunty,  i  have  inquired 

into  liis  [or,  her]  state  and  circumstances,  and  it  appearing  that  he 
\or,  shej  is  in  such  indigent  ch'cumstances  as  to  recjuire  permanent 
relief  and  support,  and  can  be  safely  removed,  I  hereby  order  him 
[or,  her]  to  be  removed  to  the  county  house,  to  be  relieved  and  pro- 
vided for,  as  his  [or,  her]  necessities  may  requii-e,  at  the  expense  of 
said  county,  [or,  town.] 

Dated,  *fec.,  [as  in  §  849.] 


866.    Certificate  of  the  Keeper  of  the  Poor  House,  for  the  Ex- 
jjense  of  Pemovimj  a  Puvper. 


«2. 

Tiea-^iirer  ol 

Treasurer  of                   Coiintv ; 

Cuiiiity : 

This  certifies  (hat  G.  L).  is  enliilcJ  to  two  dollars, 

Pay  G.  D.  two  dollars  and 

and          cents,  at  the  rate  prescribed  liv  the  Superinten- 

cents lor  lrau3]iortiii2 

dents,  for  iran?j>(irting  A.  Ji.  Ironi  the  town  o: 

A.  B.,  from                           lo  the 

to               county  poor  house,  being           miles. 

coumv  )nior  house. 

,  May            ,  IS    . 

.  May        ,  13    . 

C.  D.,  Keeper, 

No.    , 

Countersigned,                                G.  11.  ;  c,„v-t, 
L.  M.  \  ="1^  '''• 

No. 

i 

§  867.     Superintendent's  Order  to  Expend  over  Ten  Dollars. 

E.  F.,  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

county,  having  applied  to  me  for  an  order  authorizing  the  expenciiture 
of  a  greater  sum  than  ten  dollars  for  the  relief  of  A.  B.,  1  liave 
inquir(;d  into  the  facts  of  the  case;  and  being  satisfied  that  the  said 
A.  B.  cannot  propeily  be  removed  to  the  county  poor  house,  and 
that  he  is  in  need  of  further  relief,  I  do  hereby  direct  the  continuance 
of  the  weekly  allowance  of  dollars,  until  the  expenditure 

amount  to  dollars  over  and  above  the  sum  of  ten  dollars. 

Dated,  &c.,  [as  in  §  861.] 


§  868.  Notice  of  the  Improper  Removal  of  a  Pavper  from  another 

County.^ 
County,  ss: 
To  the  Superintendents  of  the  Poor  of  the  county  of  : 

You  are  hereby  notified,  that  A.  B.,  a  poor  and   indigent  person, 
has  been  improperly  sent,  [or,  carried;  or,  brought;  or,  removed; 

>  The  notice  is  to  be  ferved  on  any  one  of  the  Superintendents,  who  must  deny  the  allegk- 
lions  cuiuained  therein,  wiihm  thirty  days,  unless  they  acquiesc«  in  the  same. 

31 


482  NEW  clerk's  assistant. 

or,  enticed  to  remove,  as  the  case  may  lc,'\  from  tlie  said  county  of 
,  to  the   county  of  ,  ■svithout  legal  authority,  and 

there  left,  with  intent  to  make  the  said  county  of  ,  to  which 

the  said  removal  was  made,  chargeable  with  the  support  of  the  smd 
pauper.     You  are  therefore  required,  pursuant  to  the  provisions  of 
Section  59,  Title  1,  Chapter  20,  Part  1,  of  the  Revised  Statutes  of  the 
State  of  New  York,  forthwith  to  take  charge  of  such  pauper. 
Given,  (fee,  \as  in  §  857.] 


§  869.  Annual  Report  of  the  Superintendents  of  the  Poor,  to  the 
Secretary  of  State. 

The  Superintendents  of  the  Poor  of  the  county  of  ,  in 

pursuance  of  the  provisions  of  the  Revised  Statutes  for  "  the  relief  and 
support  of  indigent  persons,"  present  to  the  Secretary  of  State  their 
annual  report,  as  follows: 

The  number  of  paupers  relieved  or  supported  during  the  year  pre- 
ceding the  1st  of  December  instant,  was  :  of  the  persons 
thus  relieved,  the  number  of  county  paupers  was  ;  and  the 
number  of  town  paupers 

The  whole  expense  of  such  support  was. S 

Of  this  sum,  there  was  paid  for  transponalion  of  paupers, 

Allowance  mailc  to  Superintendeuls  lor  their  services, 

do  do         Overseers,  do  do       .... 

do  do         Justices,  do  do       

do  do         Keepers  and  officers,  do 

do  do         rhysicians,  for  services  and  medicines, 

The  actual  value  of  ihe  labor  of  the  paupers  maintained,  was 

The  estimated  amount  saved  in  the  expense  of  their  support,  in  consequence  of 

their  labor,  was * 

The  sum  actually  expended,  over  and  above  the  labor  and  earn- 
ings of  the  paupers,  divided  by  the  average  number  kept  during  the 
year,  gives  dollars  and  cents  per  week,  as  the  actual 

expense  of  keeping  each  person. 

The  county  poor  house  has               acres  of  land  attached  to  it,  and  the  whole  establish- 
ment is  valued  at. $ 

The  number  of  persons  in  the  poor  house  on  the  1st  of  December  instant,  was...    

Of  this  number,  there  were  of  males, 

do  do  females, 

Of  the  males,  ihere  were  of  16  years  of  age  and  under, 

Of  the  females  of  the  same  age, 

Of  the  persons  relieved  or  supported  during  the  year,  there  were 
foreigners;  lunatics;  idiots;  and  mutes: 

of  the  mutes,  were  between  the  ages  of  10  and  25  years. 

Tlie  number  of  paupers  received  into  the  poor  house  during  the  year,  was 

Born  in  the  poor  house, 

Died  during  the  year, 

Bound  out, 

Discharged,.. — 

Absconded, 

The  children  in  the  poor  house,  over  six  and  under  sixteen  years 
of  ao-e,  have  been  instructed  months,  by  a  teacher  at  the  poor 

house;  [or,  sent  to  the  district  school  house  months,]  and  tho 


POOR   LAWS.  488 

whole  number  of  cliildren  taught  during  the  year,  was 
\^This  mimber  is  to  embrace  all  the  children  who  have  been  taught  in 
the  course  of  the  year.l^ 
Given,  ice,  [as  in  §  857.] 


§  870.  Supervisor's  Beportfor  a  Toion,  where  all  the  Poor  are  not 
a  County  Charge,  to  be  made  to  the  Clerk  of  the  Board  of 
Supervisors. 

Tlie  Supervisor  of  the  tovra  of  ,  in  the  county  of  , 

respectfully  reports  to  the  Clerk  of  the  Board  of  Supervisors, 
as  follows: 
The  number  of  paupers  relieved,  or  supported,  in  said  town,  during 
the  year  preceding  the  day  of  ,  18     ,  as  appears  from 

the  accounts  of  the  Overseers  of  the  Poor,  was,  (fee,  \as  in  the  pre- 
ceding form  to  the  *,  omitting  the  allowance  to  the  Superintendents, 
and  inserting  such  other  charges  as  there  may  be,  and  then  add:'\ 

Of  the  whole  number  of  paupers  relieved  by  the  Overseers  during 
the  year,  they  report  there  were  foreigners;  lunatics; 

idiots;  and  mutes.     The  number  of  paupers  under 

their  charge  at  the  time  of  auditing  their  accounts,  is  stated  at 
;  of  which  were  males,  and  ,  females. 

I  hereby  certify,  that  the  foregoing  is  a  correct  abstract  of  the  ac- 
counts of  the  Overseers  of  the  Poor  of  the  town  of  ,  for  the 
year  ending  on  the               day  of                 ,  18     ,  as  the  same  have 
been  settled  by  the  Board  of  Town  Auditors. 
Dated  this             day  of                ,  18     . 

S.  T.,  Supervisor. 


§  871.    Complaint  against  a  Beggar  or  Vagrant. 

County,  ss: 

A.  B.,  of  the  town  of  ,  in  said  countj^  being  sworn,  says, 

that  E.  F.,  now  in  said  town,  is  an  idle  person,  not  having  visible 
niDans  to  maintain  himself,  and  living  without  employment;  and  is, 
as  the  said  deponent  believes,  a  vagrant,  within  the  meaning  and 
intent  of  the  statute,  and  tliis  deponent  therefore  complains  of  tlie 
.said  E.  F. 

Sworn,  (fee,  \as  in  §  850.] 


§  872.    Warrant  on  Foregoing  Complaint. 

Town  of  )  gg . 

County,  j  "    ■ 
A.  B.,  of  the  town  of  ,  in  said  county,  has  this  day  made 

complaint,  on  oath,  before  me,  the  undersigned  Justice  of  the  Peace, 


484  NEW  clerk's  assistant. 

of  the  said  town,  that  E.  F.,  &.C.,  [as  in  the  complaint :"[  You  are 
therefore  hereby  cc  mmandcd,  in  the  name  of  the  people  of  the  State 
of  New  York,  forthwith  to  arrest  the  said  E.  F.,  and  bring  liim  be- 
fore me,  the  said  Justice,  at  my  office,  in  ,  aforesaid,  to  an- 
swer to  the  said  complaint,  and  to  be  dealt  with  in  the  premises, 
according  to  law. 

Witness  my  hand,  this  day  of  18     . 

G.  H.,  Justice  of  the  Peace. 


§  873.  Record  of  Conviction  of  a  Vagrant} 
County,  ss: 

Be  it  remembered,  that  E.  F.  Avas  this  day  brought  before  me,  the 
undersigned,  a  Justice  of  the  Peace  of  the  town  of  ,  in  said  county, 
at  my  oflice  in  said  town,  upon  the  cliai-ge  and  accusation  that  he 
Avas  lound  in  the  said  town,  an  idle  person,  not  having  visible  means 
to  maintain  himself,  and  living  without  employment,  [or,  as  the  case 
may  be,^  and  a  vagrant  within  the  intent  and  meaning  of  the  statute 
in  such  case  made  and  provided  ;  and  T,  the  said  Justice,  being 
BatistJed,  upon  due  and  personal  examination  of  said  E.  F.,  and  by  his 
confession  now  before  me  had  and  made,  \or,  upon  competent  testi- 
mony now  before  me  had  and  given,]  that  stiitl  ciiarge  and  accusation 
are  in  all  respects  true,  the  said  E.  F.  is  therefore  duly  convicted  be- 
fore me  of  being  a  vagrant,  within  the  ti'ue  intent  and  meaning  of 
said  statute  ;  and  it  appearing  to  me  that  the  said  E.  F.  is  not  a  no- 
torious oft'ender,  and  that  he  is  a  proper  object  for  relief,  I  adjudge 
and  determine  that  said  E.  F.  be  committed  to  the  county  poor  house 
of  said  county,  [or,  the  alms  house ;  or,  poor  house  of  the  said  town,] 
for  the  term  of  forty  days,  there  to  be  kept  at  liard  labor ;  [or, 
it  appearing  to  me  that  said  E.  F.  is  an  improper  person  to  be  sent  to 
the  poor  house,  I  do  therefore  adjudge  and  determine,  that  the  said 
E.  F.  be  committed  to  the  common  jml  of  said  county  for  the  term 
of  thii'ty  days.] 

Given  under  my  hand  and  seal,  this  day  of  ,  18       . 

G.  H.,  Justice,  &c.  [l.  s.] 


§  874,   Commitment. 
County  ss  : 
To  any  Constable  of  said  County,  greeting 

Whereas  E.  F.  has  been  this  day  duly  convicted  before  me,  the 
undersigned  Justice  of  the  Peace  of  the  town  of  *  ,  in  s?ud 

county,  of  being  a  vagrant  ;  and  inasmuch  as  it  appears  to  me  that 

'  It  is  tlie  duty  ofevery  peace  nfficcr  to  take  any  perstm  whom  he  may  discover  to  be  a  va- 
jrant,  before  a  magistrate  lor  exairiiiiaiioji.  In  such  cases,  no  complaint  or  warrant  will  bo 
necessary.  The  Jnsiioe  has  the  power  to  commit  a  vasrant  to  llie  poor  house  (or  a  term  not 
exceeding  six  mouths,  and  to  the  county  jail  not  exceeding  sixty  days  ;  in  the  latter  cus«,  the 


•  POOR  LAWS.  48S 

said  E.  F.  is  not  a  notorious  offender,  and  is  a  proper  subject  for 
relief,  [or,  is  an  improper  person  to  be  sent  to  the  poor  house,]  1  have 
adjudged  that  the  said  E.  F.  be  committed  as  hereinafter  expressed  : 
You  are  therefore  hereby  commanded,  in  the  name  of  tlie  people  of 
the  State  of  New  York,  to  convey  the  said  E.  F.  to  the  county  poor 
house,  [or,  alms  house  ;  or,  town  poor  house,]  the  keeper  whereof  is 
required  to  keep  him  therein,  at  hard  labor,  for  the  term  of  forty  days; 
[or,  to  convey  the  said  E.  F.  to  the  common  jail  of  said  county,  the 
keeper  whereof  is  required  to  detain  him  in  safe  custody  tlierein,  for 
the  Utrm  of  thirty  days.] 
Given,  iic,  [us  in  §  8 73. J 


§  875.    T\uxrrant  to  Commit  a  Child  to  the  County  Poor  House} 

County,  ss  : 
To  any  ConsUible  of  said  County,  greeting  : 

"Whereas,  complaint  on  oath,  and  due  proof,  have  this  day  been 
made  to  me,  one  of  the  Justices  of  tiie  Peace,  of  said  county,  that  a 
male  [or,  female]  child  of  the  name  of  A.  B.,  has  been  found  in  the 
town  [or,  city]  of  ,  in  said  county,  begging  for  alms  :  You 

are  therefore  hereby  commanded,  in  the  name  of  the  people  of  the 
State  of  New  York,  to  convey  the  said  child  to  the  poor  house  in  said 
county,  [or,  town  ;  or,  the  alms  house  of  said  city,]  the  keeper 
whereof  is  required  to  detain,  keep,  employ  and  instruct,  said  child, 
in  such  useful  labor  as  he  [or,  she]  may  be  able  to  perform,  until 
discharged  therefrom  by  the  County  Superintendents  of  the  Poor, 
[or,  by  the  Commissioners  of  such  alms  house;  or,  by  the  Overseers 
of  the  Poor,]  or  bound  out  as  an  apprentice  by  them. 

Witness,  ifec,  [as  in  §872.] 


§  876.    Warrant  to  Confine  a  Lunatic* 

County,  ss  : 
To  the  Overseer  of  the  Poor,  and  Constables,  of  the  Town  of  , 

in  said  County,  greeting  : 
A.  B.,  a  lunatic,  ha\ing  been  found  in  said  town,  so  far  disordered 
m  his  senses  as  to  endfinger  his  own  person,  [or,  the  persons  and 

person  may  lie  kept  on  bread  and  water  only,  for  oiie-h.a!f  the  time,  ifihe  .Iiislioe  i5«<>ireet. 
The  reoorii  of  conviction  must  be  tiled  in  the  County  Clerk's  ollioe.  The  Juslii'e  may  also 
cause  the  person  conipiaincd  of  to  be  searched  previous  to  his  coininitment,  and  if  any  pro- 
perty is  found,  it  may  be  applied  for  hid  support  while  in  confinemeiu. 

'  W'len  a  chiid  is  found  heizmz  in  any  public  place,  any  .luslice  of  the  reace,  on  con 
plaint  and  proof  thereof,  is  recpiired  to  commit  puch  chiiil  to  the  poor  iiouse.  For  ih 
'brnis  of  imlenlures  wliicli  Superiniendeats  or  Overseers  inav  desire  lo  use,  sue  lUoso  here 
tofo.e  t;iven  in  Chapter  III. 

*  The  Overseer  must  provide  a  suitable  place  for  ihe  confinement  of  a  lunatic.  If  ihc  34* 
pijcation  for  the  arrest  13  made  by  a  Superintendent,  lio  is  required  to  do  lUc  «aaie. 


486  NEW  clerk's  assistant. 

property  of  others,]  if  permitted  to  go  at  large  ;  and  no  provision 
having  been  made,  either  by  the  relatives,  or  any  committee,  for  con- 
fining and  maintaining  such  lunatic,  the  undersigned,  two  of  the  Jus- 
tices of  the  Peace  of  said  town,  on  the  appUcation  of  the  Overseer 
of  the  Poor  of  said  town,  [or,  upon  our  own  view,]  being  satisfied, 
upon  examination,  [or,  upon  information  on  oath  to  us  given,]  that 
the  said  A.  B.  should  be  forthwith  confined  :  You  are  therefore  hereby 
commanded,  to  cause  the  said  lunatic  to  be  safely  locked  up  in  such 
secure  place  as  said  Overseer  may  provide,  in  conformity  to  law. 
Given,  &c.,  [as  in  §  851.] 


§  877.  Notice  to  Tavern  ITeeper — Designation  of  Habitual 

Drunkard,  &c.' 

Town  of  »  I      • 

County,  j 

I,  the  undersigned,  Overseer  of  the  Poor  of  said  town,  having  dis- 
covered A.  B.,  of  said  town,  to  be  a  habitual  drunkard,  do  hereby 
designate  him  as  such  habitual  drunkard,  and  describe  him  as  follows : 
[descrijytion .']  And  every  merchant,  distiller,  shop-keeper,  tavern- 
keeper,  or  other  dealer  in  spirituous  liquors,  is  required  not  to  give 
or  sell,  under  any  pretence,  any  spirituous  Hquors  to  the  said  A.  B. 

Dated,  &c.,  [as  in  §  849,] 


§  878.  JVbtite  to  Overseer  hy  Justice. 
To  E.  F.,  Overseer  of  the  Poor  of  the  Town  of  : 

You  are  hereby  notified,  that  A.  B.,  who  has  been  designated  by 
you  as  a  habitual  drunkard,  has  appUed  to  me  for  a  process  to  sum- 
mon a  juiy  to  try  and  determine  the  fact  of  such  drunkenness :  And 
that  I  have  fixed  upon  the  day  of  instant,  at 

o'clock  in  the  noon,  at  my  office  in  said  town,  as  the  time  and 

place  for  such  trial. 

Dated  ,  this  day  of  ,  18       . 

G.  H.,  Justice  of  the  Peace. 


'  Copies  of  the  notice  should  be  personally  served  on  all  persons  required  to  obey  it.  The 
person  designated  as  a  drunkard  may  contest  the  fact  before  a  jury.  For  that  purpose,  he 
must  apply  to  a  .Justice  of  the  Peace  for  a  venire  ;  immediate  notice  of  which,  and  of  the 
time  and  place  of  the  h«aring,  is  to  be  given  to  the  Overseer  by  the  Justice.  The  jury  are 
<X)  be  summoned,  returned,  &c.,  and  witnesses  subpcenaed,  Ac,  in  the  same  manner  as  in 
ordinary  suits  before  Justices  of  the  Peace.  The  verdict  of  the  jury  is  to  be  entered  by  ths 
Justice  in  his  docket.  If  the  jury  find  that  the  person  is  a  habitual  drunkard,  judgment 
must  be  entered  against  him,  and  an  execution  ifssued  for  the  costs ;  if  the  julry  find  the  con- 
trary, judgment  must  be  rendor»d  accordingly,  but  no  execution  can  be  issued  against  the 
Overseer,  ualess  he  acted  in  bad  faith,  and  did  not  have  reasonable  cause  for  making  the 
iesignation.  ' 


POOR  LAWS.  487 

§  879.    Venire. 
County,  ss  : 
To  any  Constable  of  the  Town  of  ,  in  said  County,  greeting  : 

You  are  hereby  commanded,  in  the  name  of  the  people  of  the 
State  of  New  York,  to  summon  a  jury  of  twelve  persons,  competent 
to  serve  on  juries,  to  appear  at  my  office,  in  ,  aforesaid,  on  the 

day  of  instant,  at  o'clock  in  the  noon, 

to  try  the  fact,  whether  A.  B.,  of  said  town,  is  a  habitual  drunkard  ; 
he  haviny  been  designated  as  such  by  the  Overseer  of  the  Poor  of 
said  town  ;  and  you  will   have  then  there  a  panel  of  the  names  of 
the  jurors  you  shall  so  summon,  and  this  precept 
Witness,  <fec.,  [as  in  §  872.] 


§  880.  Jurors'  Oath. 

You  do  swear,  that  you  will  well  and  truly  try  the  fact  of  the  aJ- 
ledged  habitual  drunkenness  of  A.  B.,  and  a  true  verdict  give,  ac- 
cordino-  to  e\-idence. 


§  881.    Oath  of  Witness. 

You  do  swear,  that  the  evidence  you  shall  give,  touching  the  fact 
of  the  habitual  drunkenness  of  A.  B.,  shall  be  the  ti'uth,  the  whole 
truth,  and  notliing  but  the  trutL 


§  882.  Execution  Against  the  Drunkard. 
County,  ss  : 
To  any  Constable  of  said  County,  gTceting  : 

Whereas,  A.  B.,  ,  in  said  county,  was  designated  and 

described  by  E.  F.,  Overseer  of  the  Poor  of  stiid  town,  as  a  habitual 
drunkard  ;  and  by  the  verdict  of  a  jury  duly  impanneled,  drawn  and 
sworn,  before  me,  the  luidersigned  Justice,  upon  the  application  of 
the  said  A.  B.,*  it  is  found  that  he  is  a  habitual  drunkard  ;  where- 
upon, I  have  rendered  judgment  against  the  said  A.  B.,  for  the  costs 
of  the  said  Overseer  in  attending  tlie  trial,  amounting  to  the  sum  of 
dollars  :  You  are  therefore  hereby  commanded,  in  the 
name  of  the  people  of  the  State  of  New  York,  to  levy  the  said  costs 
of  the  goods  and  chattels  of  the  said  A.  B.,  (^excepting  such  goods  as 
are  exempt  by  law  from  execution,)  and  bring  the  money  wliich  you 
shall  collect,  within  thirty  days  from  the  date  hereof  before  me,  at 
my  office  in  ,  to  render  to  said  Overseer  ;  and  if  no  sucli 


488  NEW  clerk's  assktant. 

goods  and  chattels,  or  not  sufficient  to  satisfy  this  execution,  can  be 
found,  you  ani  further  required  to  take  tlic  ])ody  of  the  said  A.  B., 
and  convey  him  to  the  common  jail  of  Siiid  county,  there  lo  remain 
until  this  execution  be  paid,  or  he  be  thence  discharged  according  to 
law. 

Witness,  <fec.,  [as  in  §  872.] 


§  883.  Execution  Against  the  Overseer. 

County,  ss  : 
To  any  Constable  of  said  County,  greeting  : 

Whereas,  A.  B.,  <fec.,  [as  in  §  882,  to  the*,  and  then  add ;]  it  'A 
found  that  he  is  not  a  habitual  drunkard  ;  and  inasmuch  as  it  ap- 
peared to  me  that  the  said  Overseer  of  the  Poor  did  not  act  in  good 
faith,  and  that  he  had  not  reasonable  cause  to  believe  the  said  A.  B. 
to  be  a  habitual  drunkard,  1  have  entered  judgment  against  the  said 
E.  F.,  Overseer,  for  the  costs  of  the  said  A.  B.,  amounting  to  the 
sum  of  dollars:  You  are  therefore  hereby  commanded,  in  the 

name  of  the  people  of  the  State  of  New  York,  to  levy  the  said  costs, 
(fee,  [as  in  an  ordinary  execution^ 


§  884.  Revocation  hj  the  Overseer,  where  a  DrunTcard  Reforms. 
Town  of  ,  )    g. 

County,  j 
Being  satisfied  that  A.  B.,  respecting  whose  drunkenness  a  notice 
has  heretofore  been  given  by  me,  [or,  by  0.  P.,  Overseer  of  the 
Poor  of  said  town,]  has  reformed  and  become  temperate,  I  do  hereby 
revoke  and  annul  the  said  notice. 
Dated,  &c„  [as  in  §  849.] 


§  885.    Complaint  against  a  Disorderly  Person} 
County,  ss. 
A.  B.,  of  said  town,  being  duly  sworn,  says,  that  C.  D.  is,  as  the 
said  deponent  beheves,  a  disorderly  person,  within  the  meaning  of 

1  The  Jusiice  issues  his  warrant  on  the  complaint,  in  the  same  form  as  in  ?.  872, except  that 
it  is  drawn  in  accordance  wiih  tlie  cha;?e  in  the  complaint.  Upon  the  examination  of  lh» 
ortcnder,  if  tlie  charge  is  sustained  by  hi<!  own  confession,  or  by  competent  testimony,  lh» 
Jusiice  may  require  him  to  fmd  sureties  lor  his  500J  behavior  for  one  year.  If  the  olfender 
do  not  find  sureties,  the  record  of  convirnon  must  be  signec',,  and  he  be  committed  to  iail 
until  such  sureties  be  found,  or  he  be  disciiarged  according;  to  law.  The  forms,  §873  h„-\ 
5  87'1,  may  be  varied  so  as  to  be  applicable  to'this  proceeding.  (1  R.  S.,  3d  cd.,  819,  §  1.  t 
»eq. ;  Laws  of  1833,  chap.  1 1  ;  1  Hill,  355 ;  G  Id.,  75.) 


POOR   LAWS.  489 

the  strttiite  In  such  case  made  and  provided ;  in  tliis,  to  wit :  that  the 
said  C.  D.,  [insert  the  facts  on  which  the  charge  is  founded,  and  cqh- 
elude  as  in  §  871.] 


§  886.  Recognizance  of  a  Disorderly  Person. 
Count}^  ss:  * 

We,  C.  D.,  E.  F.,  anli  L.  M.,  of  ,  in  said  county,  ac- 

knowledge ourselves  indebted  to  the  people  of  the  State  of  New 
York ;  that  is  to  say,  the  said  C.  D.,  in  the  sum  of  dollars, 

and  the  said  E.  F.,  and  L.  M.,  each  in  the  sum  of  dollars,  to 

be  respectively  made  and  levied  of  our  several  goods  and  chattels, 
lauds  and  tenements,  to  the  use  of  the  said  people,  if  default  shall 
be  made  in  the  condition  following: 

The  condition  of  the  above  recognizance  is  such,  that  if  the  said 
C.  D.  shall  be  and  continue  of  good  beha\dor  towards  the  people  of 
the  State  of  New  York,  for  the  space  of  one  year  from  and  after 
this  day,  then  such  recognizance  to  be  void ;  otherwise  of  force. 

Taken,,  subscribed,  and  acknowledged,  )  C.  D.    [l.  s. 

before  me,  this  day  of  ,  18     .  [  E.  F.    [l.  s.° 

G.  H.,  Justice,  &c.  L.  M.  [l.  s.~ 


^  887.  Discharge  of  Disorderly  Persons,  to  be  Granted  by  any 
Two  Justices. 

County,  ss : 
To  the  Keeper  of  the  Common  Jail  of  said  County,  greeting : 

Whereas,  C.  D.  was  lately  committed  to  your  custody  in  said  jail, 
by  the  warrant  of  L.  M.,  a  Justice  of  the  Peace  of  the  said  county, 
upon  the  conviction  of  the  said  C.  D.,  before  the  said  Justice,  of 
being  a  disorderly  person,  and  upon  the  failure  of  the  said  C.  D.  to 
procure  sureties  for  his  good  behavior,  according  to  law ;  and  where- 
as, the  said  C.  D.  has  given  such  sureties  as  w^ere  originally  required 
by  the  said  Justice,  from  him :  Now,  therefore,  we,  being  two  of  the 
Justices  of  the  Peace  of  said  county,  do  hereby  require  you  to  dis- 
charge the  said  C.  D.  out  of  your  custody,  under  his  conamitment, 
as  aforesaid. 

Given,  <fec.,  [as  in  §  851.] 


§  888.  Jailer's  Report  Relative  to  Disorderly  Persons? 
County,  ss: 
To  the  Court  of  Sessions  of  said  County: 

The  following  is  a  list  of  the  persons  committed  as  disorderly  per- 

'  The  jailer  is  required  to  make  his  report  of  ihe  disorderly  persons  coiUiued,  on  the  first 
day  of  each  term  of  the  court. 


490 


NEW    clerk's   assistant. 


sons  to  the  common  jail  of  s.oid  county,  since  the  last  session  of  the 
said  court,  and  now  in  custody  of  the  undersigned,  with  the  natui-e 
of  their  offences,  the  names  of  the  Justices  committing  them,  respect- 
ively, and  the  time  of  imprisonment,  viz : 


List  of  persons  com- 
mitted, and  now  in  cus- 
•         todv. 

Nature  oC  their 
ollenccs,  respect- 
ively. 

Names  of  the  Justices 

comuiiiting  ihem. 

The    time  of     ' 

imprisonnieni.       i 

1 
1 

1 
I 

Dated  at  ,  in  said  county,  the  day  of  ,  18     . 

J.  C,  Keeper  of  the  Jail  of  said  County. 


§   889.  Application  of  a  Superintendent,  or  Overseer,  of  the  Poor, 
in  a  case  of  Bastardy. 
County,  ss: 
To  G.  H.,  Esq.,  a  Justice  of  the  Peace  of  said  county: 

E.  B.  having  been  dehvered  of  a  bastard,  which  is  chargeable  \or, 
likely  to  become  chargeable]  to  the  said  county,  [or,  to  the  town  of 
,  in  said  county;]  [or,  E.  B.,  being  pregnant  of  a  child  likely 
to  be  born  a  bastard,  and  to  become  chargeable,  &c.,]  the  under- 
signed, a  Superintendent  of  the  Poor  of  the  said  county,  \or,  the 
Overseer  of  the  Poor  of  said  town,]  pursuant  to  the  statute  in  such 
case  made  and  provided,  makes  application  to  you  to  inquire  into  the 
facts  and  circumstances  of  the  case. 
Dated,  (fee,  \as  in  §  849,  or  §  861.] 


§  890,  Examination  Before  Birth. 
County,  ss  : 
E.  B.,  of  the  town  of  ,  in  said  county,  being  duly  sworn, 

says,  that  she  is  now  with  child,  and  that  the  child  of  which  she  is 
pregnant  is  Ukely  to  be  born  a  bastard,  and  to  become  chargeable  to 
said  county  ;  [or,  to  the  town  of  ,  in  said  county  ;]  and  that 

C.  D.,  of  ,  is  the  father  of  said  child. 

Subscribed  and  sworn,  this  )  E.  B. 

,18     ,  before  me,  \ 

G.  H.,  Justic'S. 


day  of 


§  891.  Examination  After  Birth. 
Coimty,  ss: 
E.  B.,  of  the  town  of  ,  in  said  county,  being  dizly  sworn, 

says,  that  on  the  day  of  last,  she  was  delivered  of  a 


POOR   LAWS.  491 

bastard  child,  wliicli  is  chargeable  [or,  likely  to  become  chargeable] 
to  said  county  ;  [or,  to  the  town  of  ,  in  said  county  ;]  and 

that  C,  D.,  of,  &c.,  [asm  §  890,  to  the  end^ 


§  892.    Warrant  to  Apprehead  Reputed  Father? 

County,  ss: 
To  any  Constable  of  said  County,  greeting  : 

Whereas,  E.  B.,  of  ,  in  said  county,  upon  her  examination, 

on  oath,  before  me,  the  undersigned,  a  Justice  of  the  Peace  of  said 
county,  this  day  had,  did  declare  that,  (kc,  [as  in  the  examination:^ 
And  whereas,  E.  R,  Overseer  of  the  Poor  of  said  town,  [or,  one  of 
the  Superintendents  of,  (fee,  as  the  case  may  be,'\  in  order  to  indemnify 
the  said  town,  [or,  county,]  in  the  premises,  has  applied,  to  me  to  in- 
quire into  the  facts  and  circumstances  of  the  case,  and  to  issue  my 
warrant  to  apprehend  the  said  C.  D.,  (fee. :  You  are  therefore  hereby 
commanded,  in  the  name  of  the  people  of  the  State  of  New  York, 
forthwith  to  apprehend  the  said  C.  D.,  and  bring  him  before  me,  at 
my  oflBce  in  ,  aforesaid,  for  the  purpose  of  having  an  adjudica- 

tion respecting  the  filiation  of  such  bastard  child,  [or,  of  such  child 
likely  to  be  born  a  bastard.] 

Witness,  (fee,  [as  in  §  872.] 


§  893.  Subpoena  in  a  Case  of  Bastardy. 

County,  ss: 
To  R  R,  0.  P.,  (fee,  greetmg; 

You  are  hereby  commanded,  in  the  name  of  the  people  of  the 
State  of  New  York,  personally  to  appear  before  G.  H.,  and  the  under- 
signed S,  T.,  two  of  the  Justices  of  the  Peace  of  said  county,  forth- 
with, [or,  as  the  case  may  be,~\  at  the  office  of  the  said  S.  T., 
in  ,  in  said  county,  to  testify  what  you  do  know  touching 

the  father  of  a  bastard  child,  .whercAvith  E.  B.  alledges  she  is  now 
pregnant,  [or,  which  was  lately  born  of  E.  B.] 

Witness,  (fee,  [ow  in  §  872.] 

'  The  warrant  in  a  case  of  bastardy  c&n  only  be  issued  on  the  application  of  a  Su{ljrintend- 
ent,  or  an  Overseer.  Where  other  testimony  is  olTercd  beside  that  of  the  mother,  previous 
to  issuing  the  warrant,  the  examination  should  be  varied  accordingly.  Where  the  Justice  is- 
suing the  warrant  has  died,  or  vacated  his  office,  or  is  absent  on  the  return  of  the  warrant, 
the  putative  father  must  be  taken  before  some  other  Justice  of  the  same  town,  who  will 
thereupon  proceed  in  the  matter.  When  the  reputed  father  is  brought  before  the  Justice, 
the  latter  is  required  to  notify  some  other  Justice  to  attend  and  assist  in  the  examiaation, 
&c.  Either  ot  the  Justices  may  issue  subpoenas,  and  the  attendance  of  witnesses  may  be 
compilled,  as  in  ordinary  cases.  If  the  Justices  are  not  jjrepared  to  proceed,  or  the  reputed 
father  desires  an  adjournment,  for  sufticientreasons,  the  examination  may  be  adjourned  not 
exceeding  six  weeks,  on  executing  the  bondj  (§  89-1,)  the  penally  of  which  must  be  a  suffi- 
cient sura  fully  to  indemnify  the  town  or  county.  (I  it.  S.,  3d  ed,  623,  §  5,  et  seq.;  10  Joho- 
»on,  93.) 


402  NEW  clerk's  assistant. 

§  894.  Boiid  on  Adjournment. 

Know  all  men  by  these  presents  :  That  we,  C.  D.  and  R  F.,  ot 
,  in  the  county  of  ,  are  held  and  firmly  bound  unt^ 

the  people  of  the  State  of  New  York,  in  the  sum  of  dollars, 

for  the  payment  whereof  to  the  said  people,  Ave  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by 
these  presents.     Sealed  with  oiir  seals,  and  dated  this  day  of 

,  18       .* 

The  condition  of  this  obligation  is  such,  that  whereas  the  above 
named  C.  D.  has  been  this  day  brought  before  G.  II.  and  S.  T.,  two 
of  the  Justices  of  the  Peace  of  said  county,  charged  upon  the  oath 
of  E.  B.,  oi"  ,  aforesaid,  with  being  the  father  of  a  bastard  child, 

with  which  the  said  E.  B.  allcdges  she  is  pregnant,  [or,  of  a  bastard 
child  lately  born  of  the  said  E.  B. :]  And  whereas,  at  the  request  of 
the  said  C.  D.,  and  for  sufficient  reasons  given,  the  said  Justices  have 
determined  to  adjourn  the  said  examination  and  adjudication,  upon 
the  execution  of  this  bond,  until  the  day  of  instant, 

at  o'clock  in  the  noon,  at  the  office  of  the  said  G.  H., 

in  :  Now,  therefore,  if  the  said  C.  D.  shall  personally  ap- 

pear before  the  said  Justices,  at  the  time  and  place  last  aforesaid,  and 
not  depart  therefrom  without  leave,  then  this  obligation  is  to  be  void  ; 
otherwise  of  force.  C.  D.  [l.  s.] 

Sealed,  &c.,  [as  in  §  853.]  R.  F.  [l.  s.] 


§895.   Order  of  Filiation} 

County,  ss: 
Whereas,  we,  the  undersigned,  being  two  of  the  Justices  of  the 
Peace  of  said  county,  have  this  day  associated,  at  ,  in  said 

county,  upon  the  apphcation  of  E.  F.,  Overseer  of  the  Poor  of  the 


'  Upon  the  examination  and  hearing  before  the  .Tuslices,  the  mother  must  be  again  exa- 
iTiined  on  oaih,  in  the  presence  of  the  reputed  father ;  and  such  otlier  testimony  must  be  heard 
as  mav  be  otl'ered  in  rolaiion  to  the  matter.  If  tlie  Justices  determine  tliat  tlie  person  under 
arresl'is  not  the  father,  he  must  be  forthwith  discharged;  if  they  determine  that  he  is  such 
lather  they  are  required  to  make  the  order  of  filiation.  If  the  mother  be  in  indigent  circum- 
Biance's,  the  sum  to  be  paid  lor  her  sustenance  must  be  specified  in  tne  order.  The  .';taiute 
requires  all  the  proceedings  in  a  case  of  bastardy  to  be  reduced  to  writing,  and  signetiby  the 
Justices.  If  the  order  is  made  sufficiently  comprehensive,  there  will  be  no  necessity  for  a 
lurtlier  statemeiit.  (1  R  S.,3d  ed.,  824,  §  11,  et  seq.)  The  adjudication  of  the  two  Justices 
in  a  case  of  this  kind  i.i  final,  if  it  be  in  favor  of  the  reputed  father,  unless  appealed  from. 
(19  Wendell,  I'rl ;  5  Hill,  4-13.)  Upon  receiving  notice  of  the  order  of  filiation,  the  reputed 
father  must  immediately  pay  the  cost.^i,  and  execute  the  bond  conditioned  for  the  due  per- 
formance of  liif  order,  or  to  appear  at  the  next  term  of  the  Court  of  Sessions.  If  he  neglect 
or  refu  -I'  lo  execute  the  bond,  the  Justices  are  required  to  commit  him  to  the  couruy  jail  un- 
til euch  iiond  be  executed,  or  he  be  discharged  by  the  Court  of  Sessions.  (1  R.  S.,  3d  ed.^ 
823.  5.^  '  8 ;  Id.,  S25,  §  14,  et  seq.)  A  bond  given  to  appear  at  the  next  term  of  the  court  as 
above  specified,  is  not  a  recognizance,  but  matter  an  pais,  like  any  othT  deed.  (5  Hill,  G47.) 
If  the  reputed  father  refuses  to  pay  the  costs,  he  may  be  committed,  notwulistanding  Ui  raaj 
Uave  given  the  bond.     (2  Doaio,  l'27.) 


POOR  LAWS.  498 

town  of  ,  [or,  Superintendent  of  the  Poor  of  said  county,] 

for  the  purpose  of  making  an  examination  and  determination  touching 
H  certcun  bastard  cliild,  lately  born  in  said  town,  of  the  body  of  E. 
B.,  [or,  of  a  certain  child  whereAvith  E.  B.  is  said  to  be  pregnant, 
and  wliich  when  born  will  be  a  bastard,]  and  chargeable  [or,  likely 
to  become  chargeable]  to  said  town,  [or,  county,]  and  of  which  child 
C.  D.  was  alledged  to  be  the  father;  And,  whereas,  we  have  duly 
examined  the  said  E.  B.  on  oath,  in  the  preseiice  of  the  said  C.  D., 
touching  the  father  of  said  child,  and  have  also  heard  the  proofs  and 
allegations  to  us  offered  in  relation  thereto,  as  well  on  the  part  and 
behalf  of  the  said  Overseer,  [or.  Superintendent,]  as  of  the  said  0. 
D. :  whereby  it  appears  that  the  said  E.  B.  was,  on  the  day 

of  last,  delivered  of  a  bastard  child  in  said  town,  [or,  that 

the  said  E.  B.  is  now  pregnant  of  a  child,  which,  when  born,  will  be 
a  bastard,]  and  which  is  chargeable  [or,  likely  to  become  chargeable] 
to  said  town,  [or,  county,]  and  that  the  sjiid  C.  D.  is  the  father  of 
said  child :  We  do,  therefore,  adjudge  him,  the  said  C.  D.,  to  be  the 
father  of  said  bastard  child:  And  further,  we  do  hereby  order  that 
the  said  C.  D.  pay  to  the  Overseer  of  the  Poor  of  said  town  of  , 

[or,  to  the  Superintendents  of  the  Poor  of  said  county,]  foi-  the  sup- 
port of  said  child,  the  weekly  sum.  of  one  dollar,  so  long  as  the  said 
child  shall  continue  chargeable  to  said  t<,»wn,  [or,  county :]  xVnd  inas- 
much as  it  appeared  to  us,  and  we  find,  that  the  said  E.  B.  is  in  indi- 
gent circumstances,  we  determine  and  order  that  said  C.  I),  pay  to 
the  said  Overseer  of  the  Poor,  [or,  Superintendents,]  for  the  suste- 
nance of  the  said  E.  B.,  during  her  confinement  and  recover}'  there- 
from, the  sum  of  twenty  dollars.  And  we  do  hereby  certify  the 
reasonable  costs  of  apprehending  and  securing  the  said  father,  and 
of  the  order  of  filiation,  at  the  sum  of  dollars. 

Given,  ikc,  [as  in  §  851.J 


§  896.  Bond  upon  Order  of  Filiahon. 

Know  all  men,  &c. :  [as  in  §  894,  to  the  *,  and  then  add:']  The 
condition  of  this  obligation  is  such,  that  whereas,  by  an  order  this 
day  duly  made  and  subsciibcd  by  the  undersigned.  Justices  of  the 
Peace  of  said  county,  it  is  adjudged  that  the  said  C.  D.  is  the  father 
of  a  bjtstard  child  of  which  E.  B.  is  pregnant,  and  which  is  likely  to 
become  chargeable  [or,  of  a  bastard  child  lately  born  in  said  town,  of 
E.  B.,  and  which  is  chargeable]  to  said  town,  [or,  county :  j  And  it 
was  thereupon  ordered  by  the  said  Justices  that,  tkc,  [recite  the  order 
for  the  support  of  the  bastard  and  sustenance  of  the  mother,  as  in 
§  895.-]  Now,  therefore,  if  the  said  C.  D.  shall  pay  tlie  sums  for  the 
su[)port  of  the  biustard  child,  and  tlie  sustenance  of  its  mother,  as  the 
same  are  ordered  by  the  said  J  ustices,  as  aforesaid,  oi  as  shall  at  any 


404  NEW  clerk's  assistant. 

time  hereafter  be  ordered  by  the  Court  of  Sessions  of  said  county 
iind  shtiil  fully  and  amply  indemniiy  the  said  town,  [or,  county,]  and 
every  other  county,  town,  or  city,  which  may  have  incurred  any  ex- 
pense, or  may  be  put  to  any  expense,  for  the  support  of  such  child 
or  its  mother  during  lier  confinement  or  recovery  therefrom,  against 
all  such  expenses,  then  this  obligation  to  be  void ;  otherwise  of  force. 
[If  the  parti/  iatends  to  appeal,  instead  of  the  foregoing,  sag :  Now, 
therefore,  if  the  s;ud  C.  D.  shall  personally  appear  at  the  next  Court 
of  Sessions  of  said  county,  and  shall  not  depart  the  said  court  with- 
out leave,  then  this  obligation  to  be  void;  otherwise  of  force.] 
Sealed,  &c.,  [as  in  §  853.] 


§  897.    Warrant  to  Commit  Putative  Father. 

County,  ss: 
To  any  Constable  of  said  Coimty,  greeting: 

Whereas,  by  an  order  of  filiation  this  day  made  by  us,  the  under- 
signed Justices  of  the  Peace  of  said  county,  at  ,  in  said 
county,  we  did  adjudge  C.  D.  to  be  the  father  of  a  bastard  child,  be- 
gotten upon  the  body  of  E.  B.,  of  said  town,  and  did  thereupon  order 
that  the  said  C.  D.  pay,  &c.,  [set  forth  the  direction  for  the  support 
of  the  child,  the  sustenance  of  the  mother,  and  the  amount  of  costs 
and  charges  required  to  he  paid,  as  in  the  orcZer."]  And  whereas, 
upon  the  making  and  subscribing  such  order,  we  did  reqiure  the  said 
C.  D.  immediately  to  pay  the  costs  so  certified,  and  to  enter  into  a 
bond  to  the  people  of  this  State,  in  the  penal  sum  of  dollars, 
with  good  and  sufficient  sureties,  to  be  by  us  approved,  with  one  or 
other  of  the  conditions,  which,  by  the  statute  in  such  case  made  and 
provided,  is  prescribed  :  And  whereas,  due  notice  of  our  said  order 
has  been  given  to  the  said  C.  D.,  but  he  has  wholly  neglected  either 
to  pay  the  said  costs  and  charges,  or  to  execute  the  bond  as  aforesaid, 
[  or,  as  the  case  mag  be  ;]  You  are  therefore  hereby  commanded,  in 
•the  name  of  the  people  of  the  State  of  New  York,  to  convey  the  said 
C.  D.  to  the  common  jail  of  the  said  county,  the  keeper  whereof  is 
hereby  required  to  receive  and  dettxin  the  said  C.  D.  in  custody  in 
said  jail,  until  he  shall  be  discharged  by  the  Court  of  Sessions  of  the 
said  county,  or  shall  execute  such  bond,  in  the  penalty  required,  as 
aforesaid. 

Given,  &c.,  [as  in  §  851.] 


§  898.    Warrant  to  Release  Putative  Father  from  Jail. 
County,  ss  : 
To  the  Keeper  of  the  Common  Jail  of  said  county,  greeting  : 

Whereas,  by  the  warrant  of  the  undersigned,  Justices  of  the  Peace 
of  said  county,  bearing  date  the  day  of  instant,  C. 


% 


POOR  LAWS.  496 

D.  was  commilted  to  your  custody  in  said  jail,  being  charged  as  the 
reputed  father  of  a  bastard,  whereof  it  was  testified  to  us  that  E.  B., 
of  ,  in  said  county,  was  pregnant,  and  which  was  hkely  to 

become  chargeable  to  said  town,  [or,  county,]  for  not  paying  the  costs 
by  us  certified,  and  executing  the  bond  consequent  upon  oui*  order  of 
filiation,  as  by  the  statute  required  :  and  whereas,  it  is  now  testified 
and  appears  to  us,  upon  due  proof  before  us  given,  that  said  E.  B. 
hath  married  before  her  deUveiy  of  said  child,  [or,  has  miscamed  of 
suc^i  clfild  ;  or,  was  not  pregnant.]  You  are,  therefore,  hereby  com- 
manded, in  the  name  of  the  people  of  the  State  of  !Xew  York,  forth- 
with to  discharge  the  said  C.  D.  out  of  your  custody,  under  the  com- 
mitment upon  our  warrant,  as  aforesaid. 

Given  under  our  hands  and  seals,  &c.,  [as  in  §  851.] 


§  899.  Indorsement  on  a  Warrant  of  Arrest,  to  be  Exeouted  in  a 
Foreign  County.^ 
I,  the  within  named  Justice  of  the  Peace,  direct  that  the  penal 
sum  in  which  any  bond  shall  be  taken  of  the  within  named  C.  D., 
shall  be  dollars.  G.  H.,  Justice. 


§  900.  Indorsement  of  Justice  in  a  Foreign  County. 
County,  ss  : 

The  within  waiTant,  with  the  indoi-sement  made  thereon  by  the 
Justice  by  whom  it  was  issued,  of  the  sum  required  to  be  put  in  the 
bond,  having  been  presented  to  me,  the  undersigned,  a  Justice  of  the 
Peace  of  said  county  ;  and  proof  having  been  made  of  the  hand- 
writing of  the  Justice  who  issued  the  said  warrant,  the  arrest  of  the 
said  C  D,  is  hereby  authorized,  if  he  can  be  found  within  the  county 
of 

Dated,  &c.,  \as  in  §  878.] 


'  The  indorsement  of  the  penal  sum  in  which  a  bond  may  be  executed,  must  be  made  in 
all  cases,  where  a  warrant  is  to  be  executed  in  a  foreign  county.  In  order  to  execute  th» 
warrant,  the  indorsement  of  a  Justice  in  such  cojjnty  is  requisite.  The  indorsement  is  to 
be  made  upon  prool  of  the  handwri;ing  of  the  Justice  issuing  the  warrant,  as  in  other  cases. 
When  the  person  charged  is  arrested,  lie  must  be  taken  before  the  Justice  who  indorsed  the 
warrant,  or  some  other  Justice  of  the  same  county,  in  order  that  he  may  ba  discharged  on 
execuiiii;  the  bond  required  by  statute,  (^  901)  if  he  shall  elect  to  do  so.  When  the  bond  is 
executed,  the  Justice  must  indorse  his  cerlilicate  of  discharge.  &c.,  on  th«  warrant,  and  de- 
liver the  same,  together  with  the  bond  to  the  Constable,  who  is  required  to  return  them  lo 
the  Justice  originally  issuing  the  warrant,  in  fifteen  days.  Iftne  reputed  father  refuse  or 
neglect  to  execute  the  bond,  he  must  be  taken  before  the  Justice  who  issued  the  warrant, 
and  the  same  prov,eedings  are  thereu|)on  to  be  had  as  if  the  arrest  had  been  made  in  the 
same  county.  If  tbe  bond  be  given  conditioned  to  indemnify,  &c.,  no  other  proceedings  are 
necessary,  except  tlie  return  as  above  mentioned;  but  if  the  condition  be  to  appear  at  the 
Court  of  Sessions,  <fcc.,  the  Justice  who  issued  the  w-arrant  must  call  another  Justice  to 
assist  him.  and  proceed  to  take  the  examination.  &c-,  as  in  other  cases.  (1  R.  S.,  3ded., 
623,  §  7 ;  Id.,  826,  §  18,  et  seq.;  1  Johason,  486  ;  13  Wendell,  596.) 


406  NEW  clerk's  assistant. 

§  901.  Bond  on  Arrest  in  Foreign  County. 

Kn(3w  all  men,  <kc.  :  [as  in  §  894,  to  the  *,  and  then  add  :^ 
Whereas,  the  said  C.  D.  has  been  this  day  brought  before  the  under- 
signed, one  of  the  Justices  of  the  Peace  of  the  county  of  , 
by  virtue  of  a  warrant  issued  by  G.  H.,  one  of  the  Justices  of  the 
Peace  of  the  county  of  ,  whereon  the  name  of  said  Justice, 
\or,  of  0.  M.,  one  of  the  Justices  of  the  Peace  of  the  said  county 
of  ,  is  indorsed,  with  an  authority  to  arrest  the  said  0.  D., 
in  said  county  of  ;  in  which  warrant  it  is  recited  that  E.  B., 
of  ,  in  said  county  of  ,  upon  her  examination  on  oath,  be- 
fore the  s<iid  G.  H.,  Justice,  did  declare  herself  pregnant  of  a  child, 
which  is  likely  to  be  born  a  bastard,  and  to  become  chargeable  \or, 
did  declare  that  she  was,  on  the  day  of  last,  at  , 
aforesaid,  delivered  of  a  bastard  child,  which  is  chargeable]  to  said 
town  [or,  county  :]  And  upon  the  said  warrant  is  indorsed  the  di- 
rection of  the  said  G.  H.,  that  the  penal  sum  in  which  any  bond 
should  be  taken  of  the  said  C.  D.,  should  be  $  .  Now, 
therefore,  if  the  said  C.  D.  shall  indemnify  the  said  town  \or,  coun- 
ty] of  ,  and  every  other  county,  town,  or  city,  which  may 
have  incurred  any  expense,  or  may  be  put  to  any  expense,  for  the  sup- 
port of  such  child,  or  of  its  mother  during  her  coniinemcnt  and  recov- 
ery therefrom,  against  all  sucli  expenses,  and  shall  pay  the  costs  of  ap- 
preliending  him,  the  said  C.  D.,  and  of  any  order  of  iiliation  that 
may  be  made  in  this  matter,  \or,  if  the  said  C.  D.  shall  appear 
at  the  next  Court  of  Sessions  of  the  said  county  of  ,  and 
not  depart  the  said  court  Avithout  leave,]  then  the  above  obligation  to 
be  void  ;  otherwise  of  force.                                              • 

Sealed  and  delivered,  and  the  )  C.  D.     [l.  s.] 

security  approved  by  me,      )  E.  F.      [l.  s.] 

M.  B.,  Justice,  <fec. 


§  902.  Certificate  of  Discharge,  on  Executing  the  Foregoing  Bond. 
County,  ss  : 

I  certify  that  the  within  named  C.  D.,  who  was  brought  before  me, 
one  of  the  Justices  of  the  Peace  of  the  county  of  ,  by  virtue 

of  the  ^^ithin  named  warrant,  was  discharged  from  arrest  by  me, 
upon  his  executing  a  bond  pursuant  to  statute. 

Dated,  *kc.  [us  in  §  878.] 


8  903.   Order  of  Filiation  in  the  Absence  of  the  Reputed  Father, 
Apprehended  in  a  Foreign  County. 

County,  ss  : 
C.  D.  haA-ing  been  apprehended  in  tlie  county  of  *  ,  in  the 

State  of  New  York,  by  virtue  of  a  warrant,  and  the  diiection  and 


POOR    LAWS.  497 

autliority  thereon  indorsed,  of  which  the  following  are  copies,  to  wit : 
[insert  copies,^  was  carried  before  M.  B.,  Escj.,  a  Justice  of  the 
Peace  of  said  county  of  ,  Avho  took  from  him,  the  said  C.  D.,  a 

bond  to  the  people  of  the  State  of  New  York,  with  good  and  sufficient 
sureties,  in  tlie  sum  directed  in  the  indorsement  on  the  said  Avarrant. 
conditioned  that  the  said  C.  D.  shall  appear  at  the  next  Court  of  Ses- 
sions to  be  holden  in  s;ud  county  of  ,  and  not  depart  the  said  court 
without  its  leave  :  and  the  said  bond  having  been  in  due  form  of  law 
returned  to  the  undersigned,  G.  H.,  the  Justice  who  issued  the  said 
warrant,  he  thereupon  immediately  called  to  his  aid  the  undersigned, 
S.  T.,  another  Justice  of  the  same  county,  and  the  smd  Justices  pro- 
ceeded to  make  examination  of  the  matter,  on  the  day  of  , 
18  ,  at  ,  in  said  town,  and  then  and  there  heard  the  proofs 
that  were  offered  in  relation  thereto  ;  by  which  it  was  proven,  that 
the  said  E.  B.,  being  in  the  said  town  of  ,  has  been  delivered 
of  a  bastard  child,  which  is  chargeable  to  the  said  town  of  ,  and 
that  C.  D.  is  the  father  of  such  child,  [or,  as  in  §  895.] 

We,  the  Justices   aforesaid,   do  therefore    adjudge,   &c.,    [ns  in 
§  895.] 


§  904.    Warrant  to  Commit  a  Mother  who  Refuses  to  Disclose  the 
Name  of  the  Father} 

County,  ss  : 
To  any  Constable  of  said  Count}-,  greeting  : 

Whereas  we,  the  undersigned.  Justices  of  the  Peace  of  said  county, 
being  now  associated  for  the  purpose  of  examining  into  and  making- 
order  for  the  indemnity  of  the  town  of  ,  in  said  county,  [or, 
for  the  indemnity  of  said  county,]  against  the  support  of  a  certain 
child,  said  to  have  been  born  a  bastard  of  the  body  of  E.  B.,  and 
chargeable  [or,  Ukely  to  become  chargeable]  to  said  town,  [or, 
county,]  upon  the  application  of  E.  F.,  Overseer  of  the  Poor  of  said 
town,  [or,  a  Superintendent  of  the  Poor  of  said  county,]  liave  re- 
quired the  said  E.  B.,  who  is  now  before  us,  to  submit  to  an  examin- 
ation on  oath,  in  the  presence  of  C.  D.,  who  has  been  brought  before 
us  charged  with  being  the  father  of  said  child,  to  testify  touching  such 
charge,  and  to  disclose  the  name  of  such  father,  but  the  said  E.  B. 
wholly  refuses  to  testify  and  disclose ;  and  inasmuch  as  it  now  appears 


'  Tlie  niotlier  of  a  bastard  child  ia  to  be  regarded  as  a  witness  against  the  father,  and  may 
be  siil))>nenaed  to  appear  and  testify,  and  her  attendance  compelled  as  in  ether  cases.  If,  oa 
appearing  before  the  .lustice,  she  refuse  to  testify  and  disclose  the  name  of  the  father,  such 
Justice  may,  after  the  expiration  of  one  month  Ironi  the  lime  of  lier  confinement,  if  she  shall 
be  sufHcienily  recovered,  commit  her  to  tlie  common  jail  of  the  county,  by  a  warrant  under 
his.  iiand,  or  under  the  hands  of  the  two  Justices  attending  to  take  the  examination.  (1  K. 
S.,  3d  ed.,  S-26,  §  20  j  4  Wendell,  .->55.) 
32 


408  NEW  clerk's  assistant. 

to  us,  upon  due  proof  thereof,  given  on  oath  before  us,  that  more  than 
a  montli  has  elapsed  since  the  said  E.  B.  was  delivered  of  said  child, 
and  that  she  is  now  sufficiently  recovered  from  her  confinement:  You 
are  therefore  hereby  commanded,  in  the  name  of  the  people  of  the 
State  of  New  York,  to  take  the  said  E.  B.,  and  convey  her  to  the 
common  jail  of  the  said  county,  the  keeper  whereof  is  required  to 
detain  the  said  E.  B.  in  his  custody  in  said  jail,  until  she  shall  so 
testify  and  disclose  the  name  of  such  father. 
Given,  <fec.,  [as  in  §  851.] 


§  905.  Summons  where  Mother  has  property  in  her  own  Right} 

County,  ss  : 
To  any  Constable  of  said  County,  greeting  : 

You  are  hereby  required  to  summon  E.  B.,  of  ,  in  said 

ooimty,  to  appear  before  us,  the  undersigned.  Justices  of  the  Peace 
of  said  county,  on  the  day  of  instant,  at  two  o'clock 

in  the  afternoon,  at  the  office  of  the  undersigned,  G.  H.  to  show 
cause,  if  any  she  may  have,  why  we  should  not  make  an  order  for 
the  keeping  of  a  bastard  cliild,  said  to  have  been  lately  born  of  the 
said  E.  B.,  and  chargeable  [or,  likel}'  to  become  chargeable]  to  said 
county,  [or,  town,]  by  charging  the  said  E.  B.  with  the  payment  of 
money  weekly,  or  other  sustentation ;  E.  F.,  Overseer  of  the  Poor  of 
said  town,  [or.  Superintendent  of  the  Poor  of  said  county,]  having 
apphed  to  us  for  that  purpose. 

Given,  &c.,  [as  in  §  851.] 


§  906.   Order  to   Compel  the   Mother  to  Pay  for  Support  of  the 

GhUd. 

County,  ss: 
Whereas,  G.  H.,  one  of  the  Superintendents  of  the  Poor  of  said 
county,  [or,  E.  F.,  Overseer  of  the  Poor  of  the  town  of  ,  in 

said  county,]  has  made  appUcation  to  us,  two  of  the  Justices  of  the 


I  Where  the  mother  of  a  bastard  child  is  possessed  of  property  in  her  own  ri?ht,  two  Jus- 
tices of  the  Peace  of  tl;c  comuy,  on  the  application  of  a  Superintendent  or  Overseer,  may  in- 
quire into  the  matter,  and  make  an  order  cliargiiig  the  mother  with  the  weekly  payment  of 
an  allowance,  or  sustenance,  for  the  support  of  such  child.  A  copy  of  tlie  order,  wliea 
made,  should  be  served  on  the  mother,  and  if  slie  desire  to  appeal  from  the  same  to  the 
Court  of  Sessions,  she  must  execute  a  bond,  in  such  penal  sum,  and  with  such  sureties,  as 
the  Justices  shall  direct  to  appear  at  such  court,  and  not  depart  without  leave.  The  Ibrm 
given  in  the  case  of  a  pu'.ative  lather,  (§,  891),)  may  be  varied  for  this  purpose.  If,  aftifr  ser- 
vice of  the  order,  the  mother  refuse  or  neglect  to  comply  therewith,  she  may  be  suinmarilj 
committed  to  jail.  (I  R.  S.,  3d  ed.,  826,  §  21,  et  seq.)  If  she  execute  the  b  md,  the  Justice! 
must  transmit  it,  together  with  their  order  »f  sustenance,  to  the  Clerk  of  the  county,  before 
ihe  sittiug  of  the  court- 


POOR   LAWS.  499 

Peace  of  said  county,  complaining  that  E.  B.,  of  ,  in  said 

county,  was  lately  delivered  at  ,  aforesaid,  of  a  bastard  child, 

^iiicli  is  chargeable  [or,  likely  to  become  chargeable]  to  said  county, 
[oi;  town,]  and  that  said  E.  B.  is  possessed  of  property  in  her  own 
right,  and  is  of  sufficient  ability  to  support  said  child ;  and  desiring 
tliat  we  should  examine  into  the  matter  and  make  order  for  the  in- 
demnity of  the  said  county,  [or,  town.]  And  whereas,  upon  exami- 
nation into  the  matter  of  said  application,  and  upon  due  proof  thereof^ 
on  oath  before  us  given,  and  the  said  E.  B.,  although  present  at 
such  examination,  not  showing  any  sufficient  cause  to  the  contrary, 
[or,  and  the  said  E.  B.  neglecting  to  appear  before  us  and  show  cause, 
if  an}'^  she  might  have,  to  the  contrary,  although  duly  summoned  so 
to  appear,]  we  do  therefore  hereby  order,  that  the  said  E.  B.  pay 
weekly  to  said  Superintendent,  [or,  to  said  Overseer,]  the  sum  of  , 
for  the  support  of  said  child ;  [If  necessary,  insert  here,  imless  the 
said  E.  B.  shall  nurse  and  take  care  of  said  child  herself] 
Given,  &c.,  [as  m  §  851.] 


§  907.    Warrant  to  Commit  Mother  for  not  Executing  Bond. 

County,  ss: 
To  any  Constable  of  said  County,  greeting: 

Whereas,  by  an  order  duly  made  by  us,  the  undersigned  Justices 
of  the  Peace  of  said  county,  bearing  date  the  day  of 

instant,  in  relation  to  the  keeping  of  a  certain  bastard  cliild,  lately 
born  in  said  county,  of  the  body  of  E.  B.,  which  is  chargeable  to  the 
town  of  ,  [or,  said  county,]  we  directed,  <fec.,  [as  in  the  order ;] 

wliich  order  was  so  made  upon  the  application  of  E.  F.,  Over-seer  of 
the  Poor  of  said  town,  [or,  a  Superintendent  of  the  Poor  of  said  coun- 
ty ;]  and  after  due  notice  to  the  said  E.  B.,  to  show  cause,  if  any  she 
might  have,  against  the  making  of  such  order:  And  whereas,  a  copy 
of  said  order,  subscribed  by  us,  has  been  served  upon  the  said  E.  B. ; 
and  slie  has  neither  executed  the  bond  by  law  required  for  her  ap- 
pearance, at  the  next  Court  of  Sessions,  &c.,  nor  complied  with  the 
requirements  of  the  said  order :  You  are  therefore  hereby  commanded, 
in  the  name  of  the  people  of  the  State  of  New  York,  to  take  the 
«;ud  E.  B.,  and  convey  her  to  the  common  jail  of  said  county,  there 
to  remain,  without  bail,  until  she  shall  comply  with  said  order,  or  exe- 
cute the  bond  authorized  by  statute,  as  aforesaid 

Given,  &c.,  [as  in  §  851.] 


500  NEW  clerk's  assistant. 

§  908.    War^'ant  to  Seize  the  Property/  of  Absconding  Father  of 
Bastard. 

County,  ss. : 

To  E.  F.,  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

couniy,  [or.  To  the  Superintendents  of  the  Poor  of  said  county :] 

It  appearing  to  us,  two  of  the  Justices  of  the  Peace  of  siiid  county, 
as  well  by  the  representation  and  application  to  us  made  by  the  said 
Overseer,  [or,  the  said  Superintendents,]  as  upon  due  proof  of  tlie 
facts  before  us  given,  that  C.  D.  is  the  father  of  a  bastard  child, 
whereof  E.  B.,  of  said  town,  is  now  pregnant,  and  which,  when  born, 
is  likely  to  become  chargeable  to  said  town,  [or,  county,]  [or,  that 
0.  D.  is  the  fother  of  a  bastard  child  lately  born  in  said  town,  of  E. 
B.,.  and  which  is  chargeable,  or  likely  to  become  chargeable,  to  said 
town  [or,  said  county,]  and  that  said  C.  D.  has  absconded  from  said 
town,  which  is  the  place  of  his  ordinary  residence,  leaving  iu  said 
county  some  estate,  real  or  personal :]  We  therefore  authorize  you, 
&c.,  [as  in  §  851.] 


§  909.   Order  reducing  the  sum  to  he  Paid  hy  the  Father  or  Mother 
of  a.  Bastard  Child. 

County,  ss: 
To  E.  F.,  Overseer  of  the  Poor  of  the  town  of  ,  in  said 

county;  [or,  the  Superintendents  of  the  Poor  of  said  county:] 

Whereas,  by  an  order  of  fdiation  byiis  made,  bearing  date  the 
day  of  last,  we  did  determine  that  C.  D.  was  the  father  of  a 

certain  bastard  child,  then  lately  born  in  ,  aforesaid,  of  one 

E.  B.,  and  did  thereupon  direct,  among  other  things,  that  the  Scud  C. 
D.  should  pay  to  you,  the  said  Overseer,  [or,  Superintendents,]  for 
the  support  of  said  cliild,  the  weekly  sum  of  one  dollar,  so  long  as 
Sciid  child  should  continue  chargeable  to  said  town,  [or,  county :]  And 
whereas,  upon  the  application  of  the  said  C.  D.,  we  have  this  day 
inquired  into  the  circumstances  of  the  case,  and  heard  the  proofs  and 
allegations  to  us  submitted  in  relation  thereto;  and  it  appearing  to 
us,  upon  such  inquiry,  that  the  circumstances  in  relation  to  said  bas- 
tard child,  render  it  proper  and  expedient  that  the  sum  required  to 
be  paid  by  the  said  C.  D.,  by  our  former  order,  should  be  reduced  as 
'  hereinafter  expressed ;  and  inasmuch  as  you,  the  said  Overseer,  [or, 
Superintendents,]  have  shown  before  us  no  sufficient  reason  against 
such  reduction,  although  appearing  before  us,  [or,  notified  to  appear 
before  us  and  show  cause,  if  any  you  might  have :]  We  do,  therefore, 
reduce  the  sum  required  to  be  paid  by  the  said  C.  D.,  by  our  former 
order  as  aforesaid,  to  the  weekly  sum  of 

Given,  &c.,  [as  in  §  851.] 


POOR   LAWS.  501 

§  910.  Notice,  hj  Superintendent,  or  Overseer,  that  AjypUcMtion 
will  be  made  to  the  Court  of  Sessions  to  increase  the 
Amount  Payable  in  the  Order  of  Filiation} 

To  C.  D.  : 

You  will  take  notice,  that  I  shall  make  application   to  the  next 
Court  of  Sessions  of  the  county  of  ,  to  be  holden  at  , 

in  said  county,  on  the  day  of  ,  at  ten  o'clock  in  the 

forenoon,  to  increase  the  sum  directed  to  be  paid  by  the  order  of  filia- 
tion, of  which  the  annexed  is  a  copy,  for  the  support  of  the  bastard 
child  named  therein ;  which  said  application  will  be  founded  on  the 
atfi  davits,  copies  of  which  are  also  hereto  annexed. 

Dated  ,  this  day  of  ,  18       . 

L.  M.,  Superintendent  of  the  Poor. 


§  911.  Notice,  to  be  given  to  Superintendent,  or  Overseer,  for  Re- 
ducing Amount  in  the  Order  of  Filiation. 

To  L.  M.,  Superintendent,  \or,  E.  R,  Overseer,]  of  the  Poor  : 

You  Avill  take  notice,  that  I  shall  make  application  to  the  next 
Court  of  Sessions  of  the  county  of  ,  to  be  holden  at  , 

in  said  county,  on  the  day  of  ,18       ,  at  ten  o'clock,  in 

the  forenoon,  to  reduce  the  amount  directed  to  be  paid  by  the  order, 
(Sic,  [as  in  §  910,  except  that  the  notice  must  be  signed  by  the  other 
party.'] 


§  912.  Notice  of  Appeal  from  Order  of  Filiation."^ 

To  G.  H.,  and  S.  T.,  Esqrs.,  Justices  of  the  Peace  of  the  County 
of  : 

You  wiU  take  notice,  that  the  undersigned,  conceinng  himself  ag- 
giieved  by  the  order  made  by  you,  of  which  a  copy  is  annexed,  here- 
by appeals  therefrom  to  the  next  Court  of  Sessions,  to  be  holden  m 
said  county. 

Dated  •,  this  day  of  ,18 

C.  D. 


*  The  above  notices,  (  §  910  and  §  9110  with  the  accompanying  papers,  must  be  served  on 
the  party  to  be  notified,  at  least  ton  days  before  the  application  is  to  be  made. 

»  An  appeal  may  be  made  to  the  court  by  the  repuled  father,  or  by  the  Su[)crintendent  or 
Overseer,  Ironi  any  order  or  determination  of  the  Justices,  notice  of  which,  with  a  copy  of 
the  order,  must  be  served  on  such  Justices,  and  on  the  opposite  party.     (IR.  S.,3d  ed.,827, 


CHAPTER  XXXVI. 


POWEES  OF  ATTOENEY. 


PRACTICAL      REMARKS. 

1.  A  letter,  or  power  of  attorney,  is  a  written  delegation  of  au 
thority,  by  which  one  person  enables  another  to  do  an  act  for  him. 

2.  Where  a  power  is  special,  and  the  authority  Hmited,  the  attor- 
ney cannot  bind  his  principal  by  any  act  in  wliich  he  exceeds  that 
authority ;  but  the  authority  of  the  attorney  will  be  so  construed,  as 
to  include  all  necessary  means  of  executing  it  with  effect.  ^ 

3.  An  authority  to  enter  up  a  judgment  against  two  persons,  will 
not  warrant  a  judgment  against  one  alone.'' 

4.  The  declarations  of  one  holding  a  letter  of  attorney,  made  in 
the  course  of  his  dealings  as  such,  with  a  third  person,  will  bind  the 
principal  equally  with  the  articles  to  which  they  relate.' 

5.  Written  powers  are  always  to  receive  a  strict  interpretation.* 

6.  The  adoption  of  one  part  of  a  transaction,  done  under  an  as- 
sumed agency,  is  an  adoption  of  the  whole.* 

7.  Notice  given  to  an  agent,  relating  to  business  which  he  is  au- 
thorized to  transact,  and  while  actually  engaged  in  transactbg  it, 
will  in  general  enure  as  notice  to  the  principal.* 

8.  Where  an  act  of  agency  is  required  to  be  done  in  the  name  of 
the  principal,  imder  seal,  the  authority  of  the  agent  must  be  under 
seal.  An  authority  to  convey  lands  must  be  in  writing ;  though  it  is 
otherwise  of  a  contract  to  convey.* 


'13  Johnson,  307  ;  18  Id.,363;  1  Hill,  155; 
8  Id.,  262. 
«  I  Hill,  155. 
»  3  HiU,  262. 
*iUi\LS6St. 


6  24  Wendell, 325;  3  Hill,  552;  5  Id.,  107j 
137. 

6  9  Johnson,  163;  5  Hill,  101. 

7  2  R.  S.  (3d  ed.,1  194,  §  6,  et  seq. ;  6  Won- 
dell,  461 ;  10  Id.,  436  ;  13  Id..  481 ;  16  Id.,  25, 
28;  2  Hill,  485;  Did.,  107. 


P0WXR8   OF  ATTORNEY.  503 

9.  It  is  not  necessary  that  a  letter  of  attorney  to  conve}*  land 
should  be  recorded ;  though  when  duly  proved  or  acknowledged,  in 
the  same  manner  as  conveyances  of  real  estate,  it  may  oe  so  recorded. 
When  such  letter  of  attorney  has  been  recorded,  the  instrument  re- 
voking it  must  also  be  recorded,  in  the  same  office.^ 

10.  When  any  married  woman  residing  out  of  this  State,  unites 
with  her  husband  in  the  execution  of  a  power  of  attorney  to  convey 
real  estate,  she  must  acknowledge  such  execution,  in  the  same  man- 
ner as  conveyances  executed  by  married  women  residing  out  of  the 
State.' 

11.  When  a  person  has  the  power  to  do  an  act,  in  his  own  right, 
lie  may  dt'legate  it  to  an  attorney ;  but  an  attorney  cannot  delegate 
his  authority  to  a  substitute,  unless  expressly  authorized  so  to  do. 
Whenever  a  substitute  is  regularly  appointed,  he  must  act  in  the 
name  of  the  pruicipal. 

12.  The  authority  of  an  attorney  ceases  when  it  is  withdrawn  by 
the  principal ;  but  wliere  tiie  letter  of  attorney  forms  part  of  a  con- 
tract, and  is  security  for  money,  or  for  the  performance  of  any  act 
which  is  considered  valuable,  it  will  be  deemed  irrevocable  in  law.' 

13.  The  revocation  of  a  letter  of  attorney  takes  effect,  as  to  the 
attorney,  from  the  time  it  is  communicated  to  him;  and  as  to  third 
persons,  from  the  time  they  have  notice  of  it 

14.  If  a  power  of  attorney  is  to  be  used  in  a  different  State  or 
Territory  from  that  in  wliich  the  principal  resides,  it  should  be  duly 
acknowledged  or  proved.  Where  the  attorney  resides,  or  is  to  tran- 
sact business  in  a  foreign  country,  the  acknowledgment  should  be 
made  before  a  Notary. 


FORMS. 

§  913.    General  Form  of  Power  of  Attorney.*- 

Know  all  men  by  these  presents:  That  I,  A.  B.,  of  ,  in 

the  county  of  ,  and  State  of  New  York,  have  made,  consti- 

tuted and  appointed,  and  by  these  presents  do  make,  constitute  and 
appoint,  C.  D.,  of,  kc,  my  true  and  lawful  attorney,  for  me,  and  in 
my  name,  place,  and  stead, *[6'fi  forth  the  subject  matter  of  the 
power,]  giving  and  granting  unto  my  said  attorney,  full  power  and 
authority,  to  do  and  perform  all  and  every  act  and  thing  whatsoever, 


'2R.  S.  C3<led. 047.  §5  45,46;  10  Pai2e,34G.  I      «  For  different  forms  of  acknowledgments, 
'  U  H.  S.  (3d  ed.,)  47,  §  47  ;  Laws  of  ISU.'s.  I  to  accompany  powers  of  ailoraey^  when  n». 
chap.  275.  j  cesaary,  eee  Chapter  L 

»llJohaBon,47i  12 Id, 343;  6Cowen,4S0.  J 


504  NEW  clkrk's  assistant. 

requisite  and  neccssaiy  to  be  done,  in  and  about  the  premises,  as 
fuLy,  to  all  intents  and  purposes,  as  I  might  or  could  do  if  personally- 
present,  with  full  power  of  substitution  and  revocation,  hereby  rati- 
fying and  confirming  all  that  my  said  attorney,  or  his  substitute, 
shall  lawfully  do,  or  cause  to  be  done,  by  virtue  thereof. 

In  witness  whereotj  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  ,  in  the  year  one  thousand  eight  hundred 

and 

Sealed  and  delivered  in  )  A.  B.     [l.  s.] 

the  presence  of  j 

G.  H. 


§  914.  Power  of  Attorney  to  Collect  Debts. 

Know  all  men  by  these  presents,  <fec. :  [as  in  §  913,  to  the  *,  and 
then  add ;]  and  to  my  use,  to  ask,  demand,  sue  for,  collect  and  re- 
ceive, all  such  sums  of  money,  debts,  rents,  dues,  accounts,  and  other 
demands  whatsoever,  which  are  or  shall  be  due,  o^nng,  payable  and 
belonging,  to  me,  or  detained  from  me,  in  any  manner  whatsoever, 
by  E.  F.,  of,  k,c.,  his  heirs,  executors  and  administrators,  or  any  of 
them,  [or,  by  any  person  or  persons  residing  or  being  in  the  State 
of  ;]  giving  and  granting  unto  my  said  attorney,  &c.,  \as 

m  §  913,  <o  the  end.^ 


§  915.  Power  to  Collect  Rents. 

Know  all  men  by  these  presents,  (fee;  \as  in,  §  913,  to  ?^e  *,  and 
Hien  add:^  and  for  my  use,  to  ask,  demand,  [^insert,  distrain  for,  if 
necessary,]  collect  and  receive,  all  such  rents,  and  arrears  of  rent, 
as  now  are  or  may  be,  or  shall  hereafter  grow,  due,  or  owing  to  me, 
from  E.  F.,  R.  F.,  and  L.  M.,  of,  &c.,  or  any  of  them,  as  tenants  or 
occupiers  of  any  lands,  tenements,  or  hereditaments,  belonging  to 
or  claimed  by  me,  situate  in  the  county  of  ,  in  the  State 

of  ,  or  wliicli  may  be  due  from,  or  payable  by,  any  other 

person  or  persons  whomsoever,  as  tenants,  occupiers,  lessees,  or 
assignees,  of  any  term  or  terms,  of  such  lands,  tenements,  or  heredita- 
ments, or  any  of  them,  or  any  part  or  parcel  of  them  ;  and  upon 
receipt  thereof,  to  give  proper  acquittances  and  sufficient  discharge 
thereof  ;  giving  and  granting  unto  my  said  attorney,  &c.,  [as  in 
^913,  to  the  end.] 


§  916.  Potver  to  Receive  a  Legacy. 
Know  all  men  by  these  presents  :    That  whereas,  L.  M.,  late 
of  ,  deceased,  by  his  last  will  and  testament,  did  gire  and 


POWERS    OP   ATTORNEY.  505 

bequeath  unto  me,  A.  B.,  of,  &c.,  a  legacy  of  dollars,  to  be 

paid  luito  me  on  the  day  of  ,  18     ,  of  which  said  will 

G.  H.  iuid  S.  T.,  of,  (fee,  are  joint  executors:  Isow,  therefore,  I,  the 
said  A.  B.,  have  made,  constituted  and  appointed,  and  by  these 
presents  do  make,  constitute  and  appoint,  C.  D.,  of,  &c.,  my  true  and 
lawful  attorney,  for  me  and  in  mj-  name,  and  for  my  use  and  benefit, 
to  ask,  demand  and  receive,  of  and  from  the  said  G.  H.  and  S.  T., 
executoi-s  as  aforesaid,  the  legacy  given  and  bequeathed  unto  me  by 
the  said  will  of  the  said  L.  M.,  as  aforesaid  ;  and  upon  receipt  thereof 
by,  or  payment  thereof  to,  my  said  attorney,  to  make,  execute  and 
deliver,  a  general  release  or  discharge  for  the  same ;  hereby  ratifying, 
CO.  ifirming  and  allowing,  whatever  my  said  attorney  shall  lawfully  do 
in  the  premises. 

In  witness,  &c.,  [^as  in  §  913.] 


§  917.   Power  to  Receive  Distributive  Share  of  Personal  Estate* 
Executed  by  Husband  and  Wife. 

Know  all  men  by  these  presents:  That  whereas,  C.  D.,  late  of 
,  the  father  of  the  undersigned,  E.  B.,  deceased  on  the 
day  of  ,18      ,  at  aforesaid,  leanng  certain  personal 

property  belonging  to  him,  the  said  C.  D.,  wliich  is  to  be  divided 
among  the  heirs  at  law  of  the  said  C.  D.,  according  to  the  provisions 
of  tlie  statute  relative  to  the  distribution  of  the  personal  estates  of 
intestates;  and  whereas,  G.  H.  and  S.  T.  have  been  duly  appointed 
by  the  Surrogate  of  the  county  of  ,  administrators  of  the 

goods  and  chattels,  rights  and  credits,  Avhich  were  of  the  said  C.  D., 
deceased  :  Now,  therefore,  we,  the  undersig-ned,  A.  B.,  and  E.  B., 
his  wife,  daughter  of  the  said  C.  D.,  deceased,  have  made,  consti- 
tuted and  appointed,  and  by  tliese  presents  do  make,  constitute  and 
appoint,  E.  F.,  of,  &c.,  our  true  and  lawful  attorney,  for  us,  and  in 
our  place  and  stead,  and  for  our  use  and  benefit,  to  ask,  demand  and 
receive,  of  and  from  the  said  G.  H.  and  S.  T.,  the  distributive  share 
of  the  personal  estate  of  the  said  C.  D.,  deceased,  coming  to  us,  in 
right  of  the  said  E.,  as  one  of  the  heirs  at  law  of  the  said  C.  D.,  as 
aforesaid  :  and  upon  receipt  thereof  by,  or  payment  thereof  to,  our 
said  attorney,  to  make,  execute  and  deliver,  a  good  and  sufficient 
receipt,  release,  or  discharge,  for  the  same ;  hereby  ratifying,  confirm- 
ing and  allowing,  whatsoever  our  said  attorney  shall  lawfully  do  ia 
the  premises. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  tha 
day  of  ,  one  thousand  eight  hundred  and 

Sealed,  &c.,  [as  in  §  913.1  A.  B.  [l.  s.] 

E.  B.  [u  8.] 


506  NEW  clerk's  assistant. 

§  918.  Power  to  Take  Charge  of  Lands,  <kc. 

Know  all  men  by  these  presents,  &c.,  [as  in  §  913,  to  the  *,  and 
then  add ;]  to  exercise  the  general  control  and  supervision  over  the 
lands,  tenements  and  hereditaments,  belonging  to  me,  and  situate  in 
the  county  of  ;  to  prevent,  forbid  and  lunder,  by  all  lawful 

means  whatsoever,  the  commission  of  any  trespass  or  waste  upon  the 
same,  or  any  part  tliereof  ;  and,  at  my  cost  and  charge,  and  under 
the  advice  of  my  counsel,  K  F.,  Esq.,  of  ,  to  sue  for, 

collect,  recover  and  receive,  and  compound  for,  any  damages' which 
may  accrue  by  means  of  the  commission  of  any  trespass  or  waste 
upon  the  said  lands,  tenements  and  hereditaments,  or  any  part  thereof, 
by  any  person  or  persons  whomsoever,  giving  and  granting  unto  my 
said  attorney,  &.C.,  [as  in  §  913,  to  the  eno?.] 


§  919.    General  Power  to  Transact  Business. 

Know  all  men  by  these  presents :  That  whereas,  I,  A.  B.,  oi  , 

iave  this  day  leased  the  premises  known  as  No.  ,  in  the 

of  ,  for  the  term  of  years  next  ensuing  after  the 

day  of  next,  for  the  purpose  of  conducting,  carrying  on  and 

transacting,  at  the  place  and  number  aforesaid,  the  business  of  a 
general  commission  merchant,  and  more  particularly,  the  receiving, 
sehing  and  vending,  on  commission,  all  kinds  of  dry  and  wet  gro- 
ceries :  No^,  therefore,  I,  the  said  A.  B.,  have  made,  constituted  and 
appointed,  and  by  these  presents  do  make,  constitute  and  appoint, 
C  D.,  of  ,  aforesaid,  my  true  and  lawful  attorney,  for  me  and 

in  my  name,  place  and  stead,  to  conduct,  carry  on  and  transact,  the 
business  aforesaid,  at  the  place  and  number  aforesaid ;  to  receive  on 
commission,  sell  and  vend^  all  and  every  such  goods,  wares  and 
merchandise,  appertaining  to  the  business  aforesaid,  as  my  said  attor- 
ney may  deem  meet  and  proper ;  to  make  and  execute,  sign,  seal  and 
dehver,  for  me  and  in  my  name,  all  bills,  bonds,  notes,  specialties, 
or  other  instruments  in  writing  whatsoever,  which  shall  be  necessary 
to  the  proper  conducting,  carrying  on  and  transacting,  the  business 
aforesaid  ;  and  to  do  and  perform  all  and  every  act  and  deed,  of 
whatsoever  name  or  nature,  legally  appertaining  to  the  same,  binding 
me  as  firmly  and  irrevocably  by  such  deed  or  performance,  as  if  I 
were  myself  present  thereto  consenting  ;  hereby  ratifying,  confirming 
and  allowing,  whatever  my  said  attorney  shall  lawfidly  do  in  the 
premises. 

In  witness,  <fec.,  [as  in  §  913.} 


POWERS    OF   ATTORNEY.  SOT 

§  920.   General  Custom  House  Power. 

Know  all  men  by  these  presents,  &c.,  [as  in  §  913,  to  the  *  and 
then  add ;]  to  receive  and  enter  at  the  custom-house  of  the  district 
of  ,  any  goods,  wares,  or  merchandise,  imported  by  me,  or 

which  may  hereafter  arrive,  consigned  to  me ;  to  sign  my  name,  and 
to  seal  and  deliver,  for  me  and  as  my  act  and  deed,  any  bond  or 
bonds  which  may  he  required  by  the  collector  of  the  said  district,  for 
securing  the  duties  on  any  such  goods,  wares,  or  merchandise :  Also, 
to  sign  my  name  to,  seal  and  deliver,  for  me,  and  as  my  act  and  deed, 
any  bond  or  bonds,  requisite  for  obtaining  the  debenture  on  any  goods, 
wares,  or  merchandise,  when  exported ;  and  generally  to  transact  all 
business  at  the  said  custom  house,  in  which  I  am  or  may  hereafter 
be  interested  or  concerned,  as  fully  as  I  could  if  personally  present 
And  I  do  hereby  declare  that  all  bonds  signed  and  executed  by  my 
said  attorney,  shall  be  as  obligatory  on  me  as  those  signed  by  my- 
self, and  this  power  shall  remain  in  full  force  until  revoked  by  writ- 
ten notice  given  to  the  said  collector. 

In  witness,  <fec.,  [as  in  §  913.] 


§  921.  Power  to  Sell  and  Convey  Jieal  Estate. 

Know  all  men  by  these  presents,  »fec.,  [as  m  §  913  ^o  the  *  and 
then  add ;]  to  enter  into  and  take  possession  of  all  such  lands,  tene- 
ments, hereditaments,  and  real  estate  whatever,  in  the  State  of 
.  to  or  in  which  I  am  or  may  be  in  any  way  entitled  or  inte- 
rested ;  and  to  grant,  bargain  and  sell  the  same  or  any  part  or  parcel 
thereof,  for  such  sum  or  price,  and  on  such  terms,  as  to  him  shall 
seem  meet ;  and  for  me,  and  in  my  name,  to  make,  execute,  acknow- 
ledge and  deliver,  good  and  sufficient  deeds  and  conveyances  for  the 
same,  either  with  or  without  covenants  and  warranty ;  and  until  the 
sale  thereof,  to  let  and  demise  the  said  real  estate,  for  the  best  rent 
that  can  be  procured  for  the  same ;  and  to  ask,  demand,  [insert  dis- 
train for,  if  necessanj^  collect,  recover,  and  receive,  all  sums  of  money 
which  shall  become  due  and  owing  to  me,  by  means  of  such  bargain 
and  sale,  or  lease  and  demise ;  giving  and  granting  imto  my  said 
attorney,  &c.,  [as  in  §  913  fo  the  end.'\ 


§  922.  Power  to  Effect  Insurance. 

Know  all  men  by  these  presents,  &c.,  [as  in  §  913,  to  the  *,  and 
then  add'^  to  eflfect  insurance  on  [insert  the  property  to  be  insured,'\ 
with  the  Fire  [or,  Marine]  Insurance  Company,  in  the  city 

of  ,  on  such  terms  as  to  ray  said  attorney  shall  seem  me^ 

and  proper ;  and  I  hereby  empower  my  paid  attorney  to  sign  any 


NEW   clerk's   assistant. 

application  for  said  insurance,  any  representation  of  the  condition  and 
value  of  said  property,  articles  of  agreement,  promissory,  or  premium 
note,  and  all  other  papers  that  may  be  necessary  for  that  purpose ; 
and  also  to  cancel  and  surrender  any  policy  he  may  obtain,  and  on 
such  canceling,  or  the  expiration  thereof,  to  receive  any  dividend, 
return  premium,  or  deposit,  that  may  be  due,  and  on  such  receipt 
full  discharge  to  give  therefor;  giving  and  granting  unto  my  said 
attorney,  &c.,  [  as  in  §  913,  to  the  end."] 


§  923.  Substitution  of  an  Attorney. 

Know  all  men  by  these  presents :  That  I,  C.  D.,  of  ,  by 

virtue  of  the  power  and  authority  to  me  given,  in  and  by  the  letter 
of  attorney,  of  A.  B.,  of  ,  which  is  hereunto  annexed,  do 

substitute  and  appoint  E.  P.,  of  ,  to  do,  perform  and  execute, 

every  act  or  tiling  which  I  might  or  could  do,  in,  by,  and  under,  the 
same,  as  well  for  me,  as  being  the  true  and  lawful  attorney  and  sub- 
stitute of  the  said  A.  B. ;  hereby  ratifying  and  confirming  all  that  the 
said  attorney  and  substitute,  hereby  made  and  appointed,  shall  do  in 
the  premises,  by  vhtue  hereof,  and  of  the  said  letter  of  attorney. 

In  witness,  &c.,  [as  in  §  913.] 


§  9'24.  Revocation  of  a  Power  of  Attorney. 

Know  all  men  by  these  presents :  That  whereas,  I,  A.  B.,  of,  &c., 

in  and  by  my  letter  of  attorney,  bearing  date  the  day  of 

,  in  the  year  one  thousand  eight  hundaed  and  ,  did 

make,  constitute  and  appoint  C.  D.,  of,  <fec.,  my  true  and  lawful  attor- 
ney, for  me,  and  in  my  name,  to,  &c.,  [here  coj^y  the  language  of  the 
letter  of  attorney^  as  by  the  said  letter  will  more  fully  appear:  Now, 
therefore,  I,  the  said  A.  B.,  have  revoked,  countermanded,  annulled, 
and  made  void,  and  by  these  presents  do  revoke,  countermand,  an- 
nul, and  make  void,  the  said  letter  of  attorney,  and  all  power  and 
authority  thereby  given,  or  intended  to  be  given,  to  the  said  C.  D. 
In  witness,  &c.,  [as  in  §  913.] 


CHAPTER  XXXVII. 
RECEIPT  AND  EELEASE. 

PRACTICAL     REMARKS. 
4 

1.  A  receipt  in  full,  though  strong  e^adence,  is  not  conclusive;  and 
the  party  signing  sucli  receipt  will  be  permitted  to  show  a  mistake  or 
error  therein,  if  any  exist' 

2.  Receipts  for  the  payment  of  money,  are  open  to  examination, 
and  may  be  varied,  explained,  or  contradicted,  by  parol  testimony." 

3.  Where  a  receipt  is  given  for  money  paid  on  a  bond  or  contract, 
and  an  indorsement  also  made,  the  latter  sJiould  mention  the  fact 
that  a  receipt  was  given  for  the  same  sum. 

4.  A  release  must  be  by  an  instrument  sealed.  The  most  benefi- 
cial release  is  one  of  all  demands.  The  word  "demand"  is  more  com- 
prehensive than  any  other,  except  "  claim,"  and  w'hen  it  is  used,  all 
classes  of  actions  and  rights  of  action  are  extinguished.^ 

5.  A  release  of  one  of  several  joint  wrong  doers  or  contractors,  in 
general,  discharges  all ;  but  where  all  are  parties  to  the  release,  and 
those  not  in  tei-ms  discharged,  covenant  in  it  to  remain  hable,  they 
will  not  be  discharged.* 

6.  A  release  of  one  of  several  joint,  or  joint  and  severtil  obligoi-s, 
discharges  all.^ 

7.  A  covenant  not  to  sue  two  joint  debtors,  is  a  release  as  to  both ; 
but  a  covenant  not  to  sue  one  will  not  operate  as  a  release  to  either' 

8.  The  competency  of  an  interested  witness  may  be  restored  by 
release,  or  payment.    A  release  for  tliis  purpose  may  always  be  given 

'2  Hill,  291.  I      3  IDenio,  .527. 


a  1  Johnson's  Cas.  145;  2  .lohnson,  378: 
5  Id., 72  ;  7  Cowen.,  334;  2  Hill,  291 ;  4  Id., 
104, 107. 


4  IS  Wi'iid.'!!,  319;  1  Hill,  135. 
6  3  Den  10,  'SiS. 
«  8  Paige,  229. 


510  KKTV   clerk's  18SISTANT. 

where  the  party  executing  it  has  a  present  interest,  Dr  a  present  righl 
to-  take  effect  in  future;  and  it  must  be  delivered  to  the  witness  him- 
self, or  to  a  third  person,  for  the  use  of  the  -witness,  before  his  com- 
petency will  be  deemed  to  have  been  restored' 


FORMS. 

§  925.  General  Form  of  Receipt  on  Account 
50.  Albany,  May  1,  1847. 

Received  of  C.  D.  fifty  dollars,  to  apply  on  account 

A.B. 


§  926.  Receipt  in  FuU. 
$110  10.  Albany,  May  1,  184'i. 

Received  of  C.  1).  one  hundred  ten  dollars  and  ten  cents,  in  full 
of  all  demands  against  him.  A.  B. 


§  927.  Receipt  for  Money  paid  by  Third  Person. 
$100.  Albany,  May  1,  1847. 

Received  of  C.  D.,  by  the  hand  of  E.  F.,  one  hundred  dollars,  to 
apply  on  account  of  said  C.  D.  A.  B. 


§  928.  Receipt  for  Money  on  Bond. 
$200.  Albany,  May  1,  1847. 

Received  of  C.  D.  two  hundred  dollars,  to  apply  on  his  bond,  dated 
the  day  of  ,  18     ,  being  the  same  sum  this  day  in- 

dorsed on  said  bond.  A.  B. 


§  929.  Receipt  for  Interest  Money. 
$140.  Albany,  May  1,  1847. 

Received  of  C.  D.  one  hundred  forty  dollars,  being  the  annual  in- 
terest due  on  his  bond,  dated  the  day  of  ,18  , 
given  to  me,  [or,  to  E.  F.,]  and  conditioned  for  the  payment  of  the 
sum  of  two  thousand  dollars,  in  three  years  from  date,  with  annual 
interest                                                                                         A.  B. 

'  2  Johnson,  170;  9  Id.,  123 ;  4  Hill,  256. 


RECEIPT    AND    RELEASE.  511 

§  930.  Receipt  to  he  Indorsed  on  a  Bond  or  Contract. 
$140.  Albany,  May  1,  1847. 

Received  of  C.  D.  one  luindred  forty  dollars,  being  the  annual  in- 
terest due  on  the  Avithin  bond,  and  the  same  sum  this  day  receipted 
by  me  to  the  said  C.  D.  A.  B. 


§  931.  Release  of  all  Demands. 

Know  all  men  by  these  presents :  That  I,  A.  B.,  of  the 
of  ,  for  and  in  consideration  of  the  sum  of'  dollars, 

to  me  in  hand  paid  by  C.  D.,  of  ,  have  remised,  released, 

and  forever  discharged,  and  by  these  presents  do,  for  myself,  my 
lieirs,  executors,  administrators  and  assigns,  remise,  release,  and  for- 
ever discharge,  the  said  C.  D.,  his  heirs,  executors  arrd  administrators, 
of  and  from  all  and  all  manner  of  action  and  actions,  cause  and 
causes  of  action,  suits,  debts,  dues,  sums  of  money,  claims  and  de- 
mands, whatsoever,  in  law  or  in  equity,  which  I  ever  had,  or  now 
have,  or  which  I  or  my  heirs,  executors,  administrators,  or  assigns, 
hereafter  can,  shall,  or  may  have,  by  reason  of  any  matter,  cause,  or 
thing,  whaisoever,  from  the  beginning  of  the  world  to  the  date  of 
these  presents.* 

In  witness  whereof,  I  have  hereunto  put  my  hand  and  seal,  thia 
day  of  ,  one  thousand  eight  hundred  and 

In  presence  of  >  *    t>  r       t 

G.  H.  (  ^  ^-  t^  ^-l 


§  932.  Special  Release. 

Know  all  men,  <fec.,  [as  in  §  931,  to  the  *,  and  then  add:1  arising 
out  of  any  dealings,  or  transactions,  between  myself  and  the  said  C. 
D.,  at  ^y  store  in  the  city  of 

In  witness,  &;c.,  [as  in  §  931.] 


§  933.  Release  hy  Creditor  Named  in  an  Assignment. 

Know  all  men,  &c.,  [as  in  §  931,  to  the  *,  and  then  add:^  saving 
and  excepting,  however,  and  without  prejudice  to,  all  my  rights,  reme- 
dies, claims  and  demands,  and  the  rights,  remedies,  claims  and  de- 
mands, of  mj  heirs,  executors,  administrators  and  assigns,  under  a 
certain  deed  of  trust,  bearing  even  date  herewith,  and  caade  and  exe- 
cuted by  the  said  C  D.  to  E.  R,  upon  the  trusts  therein  expressed 
and  declared. 

In  witness,  &c.,  [as  in  §  931.] 


51  i  NEW  clerk's  assistant. 

§  934.  Release  of  Part  of  Mortgaged  Premises} 
This  indenture,  made  tliis  day  of  ,  in  the  year 

between  A.  B.,  of,  tkc,  and  C.  D.,  of,  tkc,  witnesseth :  That  whereas, 
the  said  C.  D.,  by  his  indenture  of  mortgage,  beanng  date  the 
day  of  ,  A.  D.  IS       ,  did,  for  the  consideration  and  for  the 

purposes  therein  mentioned,  convey,  to  the  said  A.  B.  [or,  to  one  E. 
h\,  by  mortgage  duly  assigned  to  the  said  A.  B.,]  certain  lands  in 
aforesaid,  and  of  which  the  lands  hereinafter  desciibed  are 
part  and  parcel ;  and  the  said  C.  D.,  on  the  day  of  the  date  hereof, 
has  paid  unto  the  said  A.  B.  the  sum  of  dollars,  being  part 

of  the  money  secured  by  the  mortgage  aforesaid,  as  therein  specihed, 
on  which  payment  the  said  A.  B.  hath  agreed  [or,  and  the  Siiid  A. 
B.,  at  the  request  of  the  said  C.  D.,  hath  agreed]  to  release  to  the 
said  C.  D.,  his  heirs  and  assigns,  the  lands  hereinafter  described,  and 
to  take  and  accept  the  residue  of  the  said  mortgaged  premises  as  his 
security  for  the  payment  of  the  moneys  remaining  unpaid  on  the  said 
mortgage:  Now,  therefore,  the  said  A.  B.,  in  consideration  of  the 
premises,  doth  hereby  grant,  release,  assign  and  make  over,  to  the 
said  C.  D.,  and  to  his  heirs  and  assigns,  all  that  part  of  the  said 
mortgaged  lands,  bounded  and  described  as  follows,  viz:  [give  de- 
scription:'] with  the  hereditaments  and  appurtenances  thereunto  be- 
longing, or  in  any  A\dse  appertaining:  To  have  and  to  hold  the  lands 
and  premises  hereby  released  and  conveyed,  to  the  said  C.  D.,  his 
heirs  and  assigns,  to  his  and  their  only  proper  use  and  behoof  forever, 
free,  clear,  and  discharged  of  and  from  the  lien  of  the  said  mortgage. 
In  witness  whereof,  the  said  A.  B.  hath  hereunto  set  his  hand  and 
seal,  the  day  and  year  above  written. 

Sealed  and  delivered  [  A.  B.  [l.  s.] 

in  presence  of  J 

G.  H. 


§  935.  Release  of  Land  hy  a  Judgment  Creditor.*  « 
In  Court 

A.  B.  ) 

against         >      Judgment  rendered  the  day  of  , 

C.  D.  )  1 8        ,  in  the  Court,  in  the  county  of 

:  [or,  before  C.  C,  Esq.,  a  Justice  of  the  Peace  in  and 
for  county.] 

Judgment  perfected  and  docketed  in  County  Clerk's 

oflfice,  the  day  of  ,  18     :  [or,  Transcript  filed  and 

judgment  docketed  in  County  Clerk's  office,  the  day 

of  ,  18       .] 

'  A  release  of  a  lien  on  real  estate,  by  mortgage  or  judgment,  should  be  acknowledged, 
and  recorded  in  the  county  where  the  premises  are  situated. 
^Seenote  to§934. 


RECEIPT  AND  RELEASE.  618 

In  consideration  of  dollars,  to  me  in  hand  paid,  the  receipt 

whereof  is  acknowledged,  1  do  hereby  remise,  release  and  discharge, 
the  following  described  land  and  premises,  to  wit:  [describe  t//e pre- 
mises.-J  from  all  chiim  to,  or  interest  in,  the  same,  or  any  part 
thereof,  which  I  may  have,  under  and  by  Anrtue  of  the  above  men- 
tioned judgment,  and  from  all  hen  or  incumbrance  that  has  attached 
to  the  same  by  reason  of  the  recovery  of  the  said  judgment,  as  free 
and  clear,  in  all  respects,  as  though  said  judgment  had  not  been  ren- 
dered. 

In  witness  whereof,  I  have  hereunto  set  mj  hand  and  seal,  this 

day  of  ,  18       . 

Sealed  and  delivered  )  A.  B.  [l.  s.] 

in  presence  of         J 
G.  H. 


§  9.36.  Release  of  a  Legacy. 
Know  all  men  by  these  presents :  That,  whereas,  A.  B.,  of  , 

in  the  county  of  ,  and  State  of  ,  by  his  last  will 

and  testament  in  writing,  bearing  date  the  day  of  ,  A. 

D.  18  ,  did,  among  other  legacies  therein  contained,  give  and  be- 
queath unto  me,  C.  D.,  of  ,  in  the  county  of  ,  and 
State  of  ,  the  sum,  or  legacy,  of  dollars,  and  of  his 
said  Avill  and  testament  did  make  and  constitute  E.  F.  the  sole  ex- 
ecutor, \or,  E.  F.  and  G.  H.  joint  executors :]  Now,  therefore,  I,  the 
said  C.  D.,  hereby  acknowledge  the  receipt  from  the  said  E.  F.,  ex- 
ecutor, \or,  E.  F.  and  G.  H.,  executors,]  as  aforesaid,  of  the  said 
sum,  or  legacy,  of  dollars,  so  given  and  bequeathed  to  me 
as  aforesaid,  and  do  acquit,  release  and  discharge,  the  said  E.  F.  [or, 

E.  F.  and  G.  H.,]  of  and  from  all  legacies,  dues  and  demands  what- 
soever, under  or  by  virtue  of  the  said  last  will  and  testament,  or 
against,  or  out  of,  the  estate  of  the  said  A.  B. 

In  witness,  &c.,  [as  in  §  931.J 


§  937.  Release  from  a  Party  to  a  Witness. 

Supreme  Court.      [or.  Justice's  Court 
A.  B.,  )  A.  B.,  \ 


against         \  against  V  Before  G.  H.,  Esq.! 

CD.  )  CD.  ) 

For  value  received,  I  do  hereby  release  E.  F.,  a  witness  offered 

\or,  to  be  olfered]  by  me,  on  the  trial  of  this  cause,  of  and  from  any 

claim  or  demand  which  I  now,  or  may  hereafter  have,  against  him, 

by  reason  of  the  determination  of  this  suit,  or  any  matter,  either  di- 


514  ^E\r  olkrk's  assistant. 

rectly  or  indirectly  brought,  or  to  be  brougbt,  in  question,  in  £bas 
suit,  either  for  or  against  me.  And  I  do  further  release  him  from 
all  demands  connected  with,  or  depending  upon,  the  subject  matter 
of  this  suit,  or  any  part  thereof,  Trhich  I  now  or  may  hereafter  have 
ai^ainst  him. 

In  witness,  &c.,  [as  «n  §  931.] 


§  938.  Release  from  a  Witness  to  a  Party. 

In  Supreme  Court 
A.  B., 

against  ^  \or,  as  in  §  937.1 

CD. 

For  value  received,  I  do  hereby  release  A.  B.,  plaintiff  in  the 
above  cause,  of  and  from  any  claim  or  demand  which  I  now,  or  may 
hereafter  have,  against  him,  by  reason  of  the  determination  of  this 
suit,  or  any  matter,  either  directly  or  indirectly,  brought  or  to  be 
brought  in  question,  in  this  suit,  either  for  or  against  him.  And  I 
do  further  release  him,  <kc.,  \as  m  §  937,  io  the  enc?.] 


CHAPTER    XXXYIII. 

SCHOOLS. 

PRACTICAL     REMARKS. 


1.  Common  Schools  in  the  State  of  New  York  are  free  to  all  perr 
sons  residing  in  the  district  over  five  and  under  twenty-one  years  of 
age;  and  persons  who  are  not  residents  may  be  admitted  therem, 
with  the  consent,  in  writing,  of  the  trustees,  or  a  majority  of  them.' 

2.  The  inhabitants  of  school  districts  entitled  to  vote  at  district 
meetings,  when  legally  assembled,  have  power,  by  a  majority  of  the 
votes  of  those  present  :  To  appoint  a  chairman  for  the  time  being ; 
to  adjourn  from  time  to  time,  as  occasion  may  require ;  to  choose  a 
District  Clerk,  three  Trustees,  a  District  Collector,  and  u  Libraiian, 
at  the  first  meeting,  and  to  supply  vacancies  whenever  they  occur ; 
to  designate  a  site  for  a  district  school-house ;  to  lay  such  tax  on  the 
taxable  inhabitants  as  the  meeting  shall  deem  sufficient  to  purchaiie 
or  lease  a  suitable  site  for  a  school-house,  and  to  build,  hire,  or  pur- 
chase such  school-house,  and  to  keep  the  same  in  rep;ur  and  furnish 
it  with  necessary  fuel  and  appendages;  to  designate  sites  for  two  or 
more  school-houses  for  their  district,  and  lay  a  tax  in  the  same  man- 
ner as  above  provided,  with  the  consent  of  the  Town  Superintendent ; 
to  levy  a  tax,  not  exceeding  twenty  dollars  in  any  one  year,  for  the 
purchase  of  maps,  globes,  black-boards  and  other  school  apparatus ; 
to  vote  a  tax  for  the  purchase  of  a  book  in  which  to  record  the  pro- 
ceedings of  the  district;  whenever  the  site  of  their  school-house  has 
been  legally  changed,  to  direct  the  sale  of  the  former  site  m  lot,  with 
the  buildings  and  appurtenances;  in  a  district  numbering  more  than 
fifty  children,  between  the  ages  of  five  and  sixteen  years,  and  having 
over  one  hundred  and  twenty-five  volumes  in  the  district  library,  or 
numbering  fifty  children  or  less,  between  the  above  ages,  and  ha^•iEg 

■I  L&ws  of  1349,  chap.  140 


516  NEW    CLERK*8   ASSISTANT. 

over  one  hundred  volumes,  to  appropriate  the  whole  or  any  part  of 
the  library  money  belonging  to  the  district  for  the  current  year,  at  a 
special  meeting  to  be  called  for  the  purpose,  to  the  purchase  of  maps, 
globes,  black-boards,  or  other  scientific  apparatus  for  tlie  use  of  the 
school  ;  U)  lay  a  tax,  not  exceeding  ten  dollars  for  each  year,  for  the 
purchase  of  a  district  library,  to  consist  of  such  books  as  the  district 
may  direct,  and  such  further  sum  as  they  may  deem  necessary  for 
the  purchase  of  a  book-case, — provided,  however,  that  the  intention 
to  propose  the  tax  be  stated  in  the  notice  of  the  meeting ;  with  the 
consent  of  the  Town  Superintendent,  to  unite  their  library  moneys 
with  those  of  an  adjoining  district,  or  districts,  and  purchase  a  joint 
library  for  the  use  of  such  districts,  to  be  selected  by  the  Trustees, 
or  such  person  as  they  may  designate;  to  direct  the  public  money 
going  to  the  teachers,  to  be  divided  into  not  exceeding  two  portions 
for  each  year,  one  of  which  is  to  be  assigned  and  applied  by  the 
Trustees  to  each  term  during  which  a  school  shall  be  kept  in  the  dis- 
trict, for  the  payment  of  teachers'  Avagcs ;  and  to  alter,  repeal  and 
modify,  their  proceedings  from  time  to  time,  as  occasion  may  re- 
quire.' 

3.  The  amount  of  tax  which  may  be  voted  for  the  purchase  or 
lease  of  sites  for  the  school-house,  for  repairs,  fuel,  furniture,  and  ap- 
pendages, is  unlimited  by  law;  but  no  tax  for  buildi^ig,  hiring,  or 
purchasing  a  school-house,  can  exceed  the  sum  of  four  hundred  dol- 
lars, unless  on  the  certificate  of  the  Town  Superintendent  of  the  town 
in  Avhich  the  school-house  is  to  be  situated,  that  a  larger  sum,  speci- 
fying the  amount,  is  necessary ;  in  which  case  a  sum  may  be  raised 
not  exceeding  the  amount  so  certified.  In  districts  composed  of  parts 
of  several  towns,  the  certificate  of  a  majority  of  the  Town  Superin- 
tendents of  such  towns  will  be  necessary.'' 

4.  A  majority  of  all  the  taxable  inhabitants  of  any  school  district, 
fo  be  ascertained  by  taking  and  recording  the  ayes  and  noes  of  such 
inhabitants  attending  at  any  annual,  special,  or  adjourned  school  dis- 
trict meeting,  may  determine  that  a  tax  exceeding  four  hundred  dol- 
lars, for  building,  hiring,  or  purchasing  a  school-house,  be  raised  by 
installments ;  and  it  will  then  become  the  duty  of  the  Trustees  to 
raise  the  tax  in  accordance  Avith  such  determination.  The  payment 
or  collection  of  the  last  installment  cannot  be  extended  beyond  five 
years  from  the  time  the  original  vote  to  raise  the  tax  was  taken ;  and 
no  vote  to  levy  any  such  tax  can  be  reconsidered,  except  at  an  ad- 
journed general  or  special  meeting,  to  be  held  within  thirty  days 
thereafter,  and  the  same  majority  will  be  reqiusite  for  a  reconsidera- 
tion as  was  necessary  to  levy  the  tax.' 

5.  The  following  are  the  qualifications  of  voters  at  district  meei- 

1  Laws  of  1847,  chap.  480. 

s  Laws  of  lti47,  chap.  480  ;  18  Johnson,  351 ;  5  Hill,  46. 

»  Laws  of  1847,  chap.  480. 


SCHOOLS.  517 

ings :  The  roter  must  be  a  male,  twenty-one  years  old,  or  upwards, 
and  an  actual  resident  of  the  district  In  addition  to  the  foregoino-, 
he  must  possess  one  or  other  of  the  following  qualifications :  He  must 
be  entitled  by  law  to  hold  land  in  this  State,  and  must  own  or  hire 
real  property  in  the  district,  subject  to  taxation  for  school  purposes — 
or  he  must  be  entitled  tO  vote  at  town  meetings  of  the  town  in 
which  the  district,  or  part  of  a  district  is  situated,  and  must  have 
paid  a  rate  bill  for  teachers'  wages  in  the  district  within  one  year  pre- 
ceding, or  must  own,  personally,  property  liable  to  be  taxed  for  school 
purposes  in  the  district,  exceeding  fifty  dollars  in  value,  exclusive  of 
what  is  exempt  from  execution.' 

6.  The  Tovrn  Superintendent  of  Common  Schools  is  elected  at  the 
time,  and  in  the  manner,  provided  by  law  for  the  election  of  other 
town  officers,  and  holds  his  office  for  two  years,  commencing  on  the 
first  Monday  of  November  succeeding  his  election.  He  is  required 
to  perform  all  the  duties,  and  is  subject  to  the  restrictions  and  liabili- 
ties formerly  imposed  by  law  on  Commissioners  and  Inspectors  of 
common  schools,  in  addition  to  the  other  powers  and  duties  conferred 
and  enjoined  upon  him.  It  is  his  duty,  on  or  before  the  first  Mon- 
day of  November  succeeding  his  election,  to  execute  to  the  Super- 
visor of  his  town,  and  file  with  the  Town  Clerk,  a  bond,  with  one 
or  more  sufficient  sureties,  to  be  approved  by  the  Supervisor,  in  tht: 
penalty  of  double  the  amount  of  school  money  received  from  all 
sources  during  the  preceding  year;  and  whenever  the  Supervisor  is 
of  the  opinion  that  the  security  of  the  Town  Superintendent  is  not 
sufficient  for  the  protection  of  the  public,  he  may  require  further 
security.  If  the  Town  Superintendent  fails  to  give  such  further 
security,  within  five  days  after  the  service  of  a  written  notice  from 
the  Supervisor  upon  him,  his  office  will  be  vacant.  A  person 
appointed  to  fill  a  vacancy  in  the  office  of  Town  Superintendent, 
will  hold  his  office,  only  till  the  first  Monday  of  November,  following 
the  next  annual  town  meeting,  at  which  a  successor  to  the  incum- 
bent must  be  regularly  chosen  by  the  electors.* 

7.  The  Town  Superintendent  has  the  general  supervision  of  the 
common  schools  in  liis  town ;  visits  and  inspects  each  school  legally 
organized,  at  least  twice  a  year,  and  oftener  if,  in  his  oj)inion,  it  be 
necessar)';  examines  and  licenses  teachers,  and  re-examines  them 
and  annuls  their  licenses  whenever  he  tliinks  proper;  receives  and 
apportions  the  school  moneys;  regulates  and  alters  school  districts, 
(in  conjunction  with  the  Supervisor  and  Town  Clerk,  when  required 
by  the  Trustees  of  any  district  interested ;)  prosecutes  for,  and  col- 


■  Laws  of  1S47,  chap.  180 

«  Laws  of  1817,  chap.  iSO    Laws  of  1*19,  chap.  SS'.i;  Laws  of  IsK),  chap    'Si- 


SIS  NEW  clerk's  assistant. 

lects  all  fines,  penalties  and  forfeitures;  and  makes  an  annual  report 
tti  the  County  Clerk,  of  the  condition,  &c.,  of  common  schools  iu 
his  town.  Vacancies  in  the  office  of  Town  Superintendent  are  to  be 
filled  by  any  three  Justices  of  the  Peace,  of  the  same  town,  by  war- 
rant  under  their  hands  and  seals.' 

8.  Town  Superintendents  are  to  be  deemed  qualified  teachers, 
while  they  remtiin  in  office.  They  have  power,  also,  to  administer 
oaths  in  all  cases  relating  to  school  affairs  and  controversies,  but  they 
cannot  charge  any  fees  therefor.^ 

9.  The  Town  Clerk  of  a  town  is  required  to  act  as  the  clerk  of 
the  Town  Superintendent  He  receives  all  the  estimates  and  appor- 
tionments of  school  money,  and  records  the  same;  and  receives, 
kecDS,  and  files  in  his  office,  all  reports  made  to  the  Town  Superin- 
tendent by  the  Trustees  of  School  Districts,  and,  when  required,  all 
the  books  and  papers  belonging  to  the  Town  Superintendent  He 
also  notifies  the  Town  Superintendent  to  make  his  annual  report, 
wnen  informed  by  the  County  Clerk  that  such  report  has  not  been 
made.' 

10.  Trustees  of  school  districts  are  to  be  chosen  by  the  inhabi- 
tants of,  the  district  entitled  to  vote,  at  their  first  meeting,  and  there- 
after at  any  annual  or  special  meeting  legally  convened,  whenever  a 
vacancy  occurs.  Each  district  elects  one  Trustee  annually,  who 
.serves  for  three  years,  and  until  a  successor  be  elected  or  appointed 
Any  person  elected  to  fill  a  vacancy,  holds  the  office  only  for  the 
unexpired  term.  Where  the  office  of  Trustee  becomes  vacant  by 
the  death,  refusal  to  serve,  removal  out  of  the  district,  or  incapacity 
of  the  officer,  and  the  vacancy  is  not  supplied  by  a  district  meeting 
within  one  month  thereafter,  the  Town  Superintendent  of  the  town 
may  appoint  any  person  residing  in  the  district  to  fill  the  vacancy. 
The  duties  of  Trustees  are :  To  receive  and  apply  the  public  money ; 
t<,>  call  annual  and  special  meetings;  to  assess  and  provide  for  the 
collection  of  district  taxes ;  to  purchase  and  lease  sites ;  to  build,  hire 
and  purchase  school-houses,  repair  and  furnish  them,  and  attend  to 
the  custody  and  safe-keeping  of  district  property;  to  sell  and  execute 
conveyances  of  sites  and  houses  when  no  longer  required ;  to  employ 
teachers  and  pay  them ;  to  make  out  and  attend  to  the  collection 
of  tax  lists ;  and  account  annually  to  the  district,  and  report  to  the 
Town  Superintendent  Trustees  are  also  required  to  pay  over  all 
balances  in  their  hands,  to  their  successors ;  and  the  latter  are  liable 
for  all  lawful  contracts  made  by  their  predecessors.  Joint  Trustees 
are  responsible  for  their  own  acts,  and  not  for  the  acts  of  each  otker, 
unless  by  express  agreement ;  they  are  not  answerable  for  mistakes 
of  laAv,  or  mere  errors  of  judgment,  without  any  fraud  or  malice ; 


'  Lawg  of  1847,  chap.  480 ;  1  Denio,  141.       I      3  Laws  of  1S17,  chap.  4S0. 
>  Laws  of  iS49,  chap.  382  | 


SCHOOLS.  filO 

but  they  are  liable  for  fraud  or  neglect  A  contract  made  by  ail 
the  Trustees,  and  signed  by  two,  is  binding;  and  where  any  official 
act  is  performed  by  two,  the  presence  of  the  third  will  be  presiuned, 
until  the  contrary  be  shown.' 

11.  The  Trustees  of  each  school  district  are  required^  within 
thirty,  and  not  less  than  fifteen  days,  preceding  the  time  for  holding 
tlic  annual  district  meeting  in  each  year,  to  prepare  an  estimate  of 
the  amount  of  money  necessary  to  be  raised  in  the  district  for  tlie 
ensuing  year,  for  the  payment  of  the  debts  and  expenses  to  be  in- 
curred by  Sciid  district  for  fuel,  fiuTiiture,  school  apparatus,  repairs, 
and  insurance  of  school-house,  contingent  expenses,  and  teachers' 
wages,  exclusive  of  the  pubhc  money,  and  the  money  required  by 
law  to  be  niised  by  the  counties  and  towns,  and  the  income  of  local 
funds,  and  to  cause  printed  or  written  notices  thereof,  to  be  posted 
for  two  weeks  previous  to  said  meeting  upon  the  school-house  doo' 
and  in  three  or  more  of  the  most  public  places  in  said  district.  The 
Trustees  are  to  present  this  estimate  to  the  school  meeting,  and  the 
voters  present,  of  full  age,  residents  of  the  district,  and  entitled  to 
hold  land  in  the  State ,  who  own  or  lease  real  property  in  the  dis- 
trict liable  to  taxation  for  school  purposes, — or  who  have  paid  any 
district  tax  (not  rate  bill)  within  two  years  preceding, — or  who  own 
any  personal  property,  liable  to  be  taxed  for  school  purposes,  in  the 
district,  exceeding  fifty  dollars  in  value,  exclusive  of  such  as  is  ex- 
empt from  execution, — and  no  others,  may  vote  upon  such  estimate, 
for  each  item  separately.  So  much  of  the  estimate  as  shall  be  ap- 
proved by  a  majority  of  the  Toters  present,  must  be  levied  and 
raised  by  tax  on  the  district,  in  the  same  manner  as  other  district 
taxes.  If  the  Trustees  neglect  to  prepare  the  estimate,  or  to  give 
the  notice  required  by  law,  the  meeting  may  adjourn  to  such  time 
as  will  enable  them  to  prepare  the  estimate,  and  give  the  notice.  If 
the  voters  of  any  district,  at  their  annual  meeting,  refuse  or  neglect 
to  raise  by  tax  a  sum  of  money,  which  added  to  the  public  money, 
and  the  money  raised  by  the  county  and  town,  will  support  a  school 
for  at  least  four  months  in  the  year,  keep  the  school-house  in  repair, 
and  provide  the  necessary  fuel,  it  Avill  be  the  duty  of  the  Trustees 
to  repair  the  school-house,  purchase  the  necessary  fuel,  employ  a 
teacher  for  four  months,  and  levy  and  collect  the  additional  expense 
from  the  district,  in  the  same  manner  as  other  district  taxes  luct 
levied  and  collected.^ 

12.  It  is  the  duty  of  the  Board  of  Supervisors  of  eveiy  county,  at 
their  annual  meeting,  to  cause  to  be  levied  and  collected  from  "their 
respective  counties,  in  the  same  manner  as  county  taxes,  a  sum 
equal  to  the  amount  of  State  school  moneys  apportioned  to  such 


'Laws  of  1347,  chap.  480;   9  Johnson,  380 ;  I       t   Laws   of  1S49,  chao.   140:    Id.,   chap 
)1    Id.,    114;    7  Wendell,  ISl ;    9  Id.,  17:   4    404. 
UiJ,  168 ;  1  Deiiio,  211. 


520  WEW  clerk's  assistant 

county,  and  to  apportion  the  same  as  the  State  moneys  are  appor 
tioned;  also,  to  levy  and  collect  from  each  of  the   towns  in  their  re- 
spective counties,  in  the  same  manner  as  other  town  taxes,  a  sum 
equal  to  the  amount  of  State  school  moneys  apportioned  to  snch 
towns  respectively.' 

13.  Every  district  tax  must  be  assessed  by  the  Trustees,  the  tax 
list  made  out,  and  the  proper  warrant  attached,  within  thirty  days 
after  the  district  meeting  at  which  the  tax  was  voted.  Immediately 
after  tlie  expiration  of  the  thirty  days,  the  tax  hst  and  warrant  must 
be  delivered  to  the  CoUectoi-.- 

14.  Where  no  provision,  by  tax  or  otherwise,  is  made  for  the 
necessary  fuel  for  the  school  in  a  district,  the  Trustees  may  procure 
it,  and  levy  a  tax  upon  the  inhabitants  to  pay  for  the  same.  The 
Trustees  may  also  expend  a  sum,  not  exceeding  ten  dollars  in  any 
one  year,  in  the  repair  of  the  school-house,  and  collect  the  same  as 
a  separate  tax,  or  add  it  to  any  other  tax  to  be  collected.3 

15.  District  Clerks  are  required  to  record  the  proceedings  of  the 
district  ;  to  enter  in  the  district  book  true  copies  of  all  reports  made 
by  the  Trustees  to  the  Town  Superintendent;  to  give  notice  of 
special  meetings  called  by  the  Trustees,  to  each  inhabitant  in  the 
district  liable  to  pay  taxes,  at  least  five  days  before  the  meeting,  by 
reading  the  notice  in  the  hearing  of  such  inhabitant,  or  in  case  of  his 
absence  from  home,  by  leaving  a  copy  thereof,  or  of  so  much  thereof 
as  relates  to  the  time  and  place  of  meeting,  at  the  place  of  his  abode, 
at  least  six  days  before  the  time  of  the  meeting  ;  to  affix  a  notice  in 
writing  of  the  time  and  place  for  any  adjourned  district  meeting, 
when  adjourned  over  one  month,  in  at  least  four  of  the  most  pubhc 
places  in  the  district,  at  least  five  days  before  the  meeting ;  to  give  the 
like  notice  of  every  annual  meeting  ;  to  keep  and  preserve  all  books, 
records  and  papers,  belonging  to  his  office,  and  deliver  them  to  his 
successor;  within  ten  days  after  each  annual  or  special  meeting  for 
the  election  of  officers,  to  forward  to  the  Town  Clerk  the  names  of 
the  persons  elected  to  the  several  offices  ;  and  to  receive  and  keep 
the  District  School  Journal,  and  cause  the  same  to  be  bound.* 

16.  It  is  the  duty  of  the  Collector  of  a  school  district,  to  collect  the 
moneys  required  by  all  warrants  placed  in  his  hands,  within  the  time 
required  therein,  and  to  pay  the  same  over  to  the  Trustees,  taking 
their  receipt  therefor.  When  required  by  the  Trustees,  the  Collector 
must  execute  a  bond  with  sureties,  one  or  more,  to  be  approvi'd  by 
them,  in  double  the  amount  of  any  tax  list  to  be  collected  by  him. 
He  has  the  same  powers  as  a  Collector  of  a  town,  authorized  to 
collect  town  and  county  taxes,  and  may,  in  like  manner,  seize  any 
property  under  his  warrant ,  except  the  arms  and  accoutrements  of  a 

1  Laws  of  1849,  chap.  140.  I      <  Laws  of  1841,  chap.  2(rr;   Laws  of  ?<M7, 

«LawsollS49;  chap.  3S:i.  chap.  480;   6  Wendell,  486;  11  Id.,  604;    6 

•  Laws  of  IW9,  chap.  382.  I  Hill,  646  :  1  Denio,  214  ;  3  Id.,  526. 


SCHOOLS. 


521 


person  enrolled  in  the  militia,  required  by  act  of  Congress  to  be 
kept  by  such  person.  The  jurisdiction  of  a  Collector  is  imlimited, 
and  extends  to  any  other  district  or  town  in  the  same  county,  or  in 
any  other  county  where  the  district  is  a  joint  district,  and  composed 
ef  territory  from  adjoining  counties.' 

17.  The  Librarian  of  a  district  has  charge  of  the  hbrarj  thereof, 
subject  to  the  directions  and  insti'uctions  of  the  Trustees,  to  whom  he 
is  amenable,  and  by  whom  he  may  be  removed  for  wilful  disobedience 
of  their  dh-ections,  or  for  wilful  neglect  of  duty.  If  the  office  of 
Librarian  be  vacant,  the  District  Clerk  discharges  the  duties.' 

18.  The  Town  Superintendent  may  accept  the  resignation  of  a 
school  district  officer,  for  sufficient  cause.  Vacancies,  except  in  the 
office  of  Trustee,  are  to  be  filled  by  the  Trustees,  or  a  majority  of 
them ;  the  persons  so  appointed  will  hold  their  offices  until  the  next 
annual  meeting,  and  until  others  aje  elected  in  their  places.' 

1 9.  The  term  of  office  of  school  district  officers  expires  at  the  time 
of  the  annual  meeting,  and  they  do  not  hold  over  till  others  are 
elected  to  till  their  places.* 

20.  The  apportionment  of  a  school  tax  must  be  made  by  all  the 
Trustees,  or  by  two,  the  other  being  present,  otherwise  the  warrant 
will  be  void.^ 

21.  Want  of  notice  of  any  annual  or  special  district  school  meeting 
will  not  invaUdate  the  proceedings,  except  Avhere  the  omission  was 
wilful  and  fraudulent.  The  annual  meeting,  however,  must  be  held 
at  the  time  and  place  fixed  at  the  previous  annual  meeting." 

22.  Whenever  a  suit  is  commenced  against  the  Trustees  of  a 
school  district,  in  consequence  of  any  official  act  by  them  performed, 
in  pursuance  of,  and  by  the  direction  of  such  district,  on  the  final 
determination  thereof,  or  whenever,  after  the  final  determination  of  a 
suit  commenced  by  or  against  any  Trustees  or  other  officers  of  a 
school  district,  a  majority  of  the  taxable  inhabitants  of  any  school 
district  so  determine,  it  will  be  the  duty  of  the  Trustees  to  ascertain 
the  amount  of  all  costs,  charges  and  expenses  paid  by  such  officer, 
in  the  following  manner,  and  to  assess  and  collect  the  same  as  other 
district  taxes  are  assessed  and  collected  :  The  officer  must  serve  a 
copy  of  his  account,  verified  by  oath  or  affirmation,  upon  the  Trustees, 
together  with  a  notice  that  on  a  certain  day,  to  be  therein  specified, 
he  will  present  such  accoimt  to  the  Board  of  Supervisors  of  the 
county.  It  is  the  duty  of  the  officer  on  whom  the  notice,  &c.,  is 
served,  to  attend  at  the  time  specified.  The  Board  of  Supervisors 
will  examine  the  account,  and  may  adjourn  from  time  to  time  for  that 
purpose.     The  account  of  the  officer,  with  his  oath,  is  prima  facie 


1  Laws  of  1S47,  chap.  4S0:  5  Wendell, 170; 
1  Denio,  233;  2  Id.,  86. 

•  Laws  01"  1847,  chap.  480. 

•  Laws  of  1847,  chap.  480. 


*  Laws  of  1849,  chap.  332. 
»  4  Denio.  125. 

•  Laws  of  1S17,  chap.  4S0 ;  3  Denio,  53fi. 


522  NEW  clerk's  assistant. 

evidence  of  its  correctness.  The  Board  may  make  an  order  directing 
the  whole,  or  such  part  of  the  account  as  they  tliink  proper,  excepting 
the  same  appears  to  have  been  occasioned  by  the  wihul  neglect  or 
misconduct  of  the  claimant,  to  be  paid  by  the  district.  V.'^ithin  thirty 
days  after  service  of  a  copy  of  the  order  on  the  Trustees,  it  is  their 
duty  to  enter  the  same  in  the  book  of  records  of  the  district,  and  issue 
a  warrant  for  the  collection  of  the  amount  directed  to  be  paid  in  the 
same  manner  as  upon  a  tax  voted  by  the  district.  The  amount, 
when  collected,  is  to  be  paid  to  the  officer.  This  provision  does  not 
extend  to  suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce 
the  decisions  of  the  Superintendent' 

23.  Where  two  school  districts  are  consolidated  into  one,  the  new 
district  succeeds  to  all  the  rights  of  property  of  the  old  districts. 
When  a  district  is  annulled,  the  Town  Superintendent  of  the  town  in 
which  the  school-house  is  located,  is  required  to  sell  the  property 
of  the  annulled  district  at  public  auction,  notices  of  which  are  to  be 
posted,  at  least  five  days  previous  to  the  sale,  in  three  or  more  public 
places  in  the  town,  one  of  which  must  be  in  the  annulled  district. 
The  proceeds  of  the  sale  are  to  be  first  applied  to  the  payment  of  the 
debts  of  the  distiict,  and  the  residue  thereof  apportioned  among  the 
taxable  inhabitants  of  such  district,  according  to  their  respective 
assessments  on  the  last  assessment  roll  of  the  town,  or  towns,  within 
which  the  district  is  located.' 

24.  Appeals  may  be  made  to  the  State  Superintendent,  from  any 
decision  made  by  a  school  district  meeting ;  from  any  official  act,  pro- 
ceeding, or  decision,  of  a  Town  Superintendent,  and  from  a  refusaJ 
to  discharge  any  duty  imposed  upon  him  by  law,  or  the  regulations 
of  the  State  Superintendent ;  from  the  decision,  or  act,  of  any  officer 
reqiured  to  perform  any  duty  under  the  Common  School  Law ;  from 
any  act  or  decision  of  Trustees  of  school  districts,  in  relation  to  the 
libraries  or  the  books  therein ;  and  in  cases  of  disputes  between  dis- 
tricts and  their  officers,  or  between  different  districts.* 

25.  The  person  aggrieved  by  the  act  complained  of,  only,  can 
appeal.  Appeals  may  be  made  by  Trustees,  in  behalf  of  their 
districts,  whenever  they  are  aggrieved.  An  appeal  must  be  in 
writing,  and  signed  by  the  appellant  Where  Trustees  make  an 
appeal,  it  must  be  signed  by  all,  or  a  reason  must  be  given  for  the 
omission,  verified  by  the  oath  of  the  appellant,  or  of  some  other 
person  acquainted  with  such  reason.  A  copy  of  the  appeal,  duly 
verified,  and  of  all  the  statements,  maps  and  papers,  intended  to  be 
presented  in  support  of  it,  must  be  served  on  the  officers  whose  act 
or  decision  is  complained  of,  or  some  one  of  them ;  or,  Avhere  a  district 
is  concerned,  on  the  District  Clerk,  or  one  of  the  Trustees^  within 

'  Laws  of  1847,  chap.  172  ;   Laws  of  1849,  I      s  Laws  of  1S47,  chap.  480 ;  11  Wendell,  90; 
chap.  33S.  and  Regulations  of  the  Stale  Supenuiendeui. 

»  Laws  of  1819,  chap,  382.  | 


SCHOOLS.  523 

thirty  days  aftei  the  making  the  decision,  or  the  performance  of  the 
act  complained  of,  or  within  that  time  after  the  appellant  had 
knowledge  of  such  act  or  decision,  unless  some  satisfactory  excuse 
be  rendered  for  the  delay. 

26.  The  party  on  whom  the  appeal  is  serred,  must  answer  the 
same  within  ten  days  afer  such  service,  either  by  concurring  in  the 
appellant's  statement  of  facts,  or  by  a  separate  answer.  Such  state- 
ment or  answer,  must  be  signed  by  all  the  Trustees,  or  other  officers, 
whose  act,  or  decision,  is  complained  of,  or,  if  this  be  omitted,  a  good 
reason,  on  oath,  must  be  given  therefor.  Where  the  parties  concur 
in  a  statement,  no  oath  will  be  required  ;  but  all  facts,  maps,  or  pa- 
pers, not  concurred  in,  or  agreed  upon,  and  evidenced  by  their  sig- 
natures on  both  sides,  must  be  veritied  by  oath.  All  oaths  required 
in  cases  of  appeal,  may  be  taken  before  any  Judge  of  a  Court  of 
Record,  Commissioner  of  Deeds,  or  Justices  of  the  Peace. 

27.  A  copy  of  the  answer,  and  of  all  the  statements,  maps  and 
papers,  intended  to  be  presented  in  support  of  it,  must  be  served  upon 
the  appellants,  or  some  one  of  them,  within  ten  days  after  service  of 
a  copy  of  the  appeal,  unless  further  time  be  given  by  the  State  Su- 
perintendent ;  but  no  replication  nor  rejoinder  shall  be  allowed,  except 
by  permission  of  that  officer,  and  in  reference  exclusively  to  matters 
arising  on  the  answer  which  he  may  deem  pertinent  to  the  issue. 
Replications  and  rejoinders,  when  allowed,  must  be  duly  verified  by 
oath,  and  copies  thereof  served  on  the  opposite  party.  Proof  or  ad- 
mission of  the  service  of  copies  of  the  appeal,  answer,  and  all  papers 
intended  to  be  presented  in  support  thereof,  or  used  on  the  hearing, 
must  accompany  the  same. 

28.  When  any  proceeding  of  a  district  meeting  is  appealed  from, 
and  when  the  inhabitants  of  a  district  generally  are  interested  in  the 
matter  of  the  appeal ;  or,  where  an  inhabitant  might  be  an  appellant, 
had  the  decision  or  proceeding  been  the  reverse  ;  any  one  or  more 
of  such  inhabitants  may  answer  the  appeal,  with  or  without  tht? 
Trustees. 

29.  Where  an  appeal  has  relation  to  the  formation  or  alteration  oi 
a  school  district,  it  must  be  accompanied  by  a  map,  exhibiting  the 
site  of  the  school-house,  the  roads,  the  old  and  new  Unes  of  districts, 
the  different  lots,  the  particular  location  and  distance  from  the  school- 
houses  of  the  persons  aggrieved,  and  their  relative  distance,  if  there 
are  two  or  more  school-houses  in  question ;  also  a  list  of  all  the  taxa- 
ble hihabitants  in  the  district  or  territory  to  be  affected  by  the  ques- 
tion ;  the  valuation  of  the  property,  taken  from  the  last  assessment 
roh ;  and  the  number  of  children  between  five  and  sixteen  belonging 
to  each  person,  distinguishing  the  districts  to  which  they  respectively 
belong. 

30.  When  the  copy  of  an  appeal  is  served,  all  proceedings  upon, 
or  in  continuation  of,  the  act  complained  of,  or  consequent  m  anyway 


524  KEW  clerk's  absistant. 

upon  such  act,  must  be  suspended,  until  the  case  is  decided.  And 
where  the  Town  Superintendent,  or  the  Trustees  of  a  district,  have 
money  in  their  hands,  wliich  is  the  subject  of  dispute  and  appeal, 
they  must  retain  such  moneys  to  abide  the  event. 

31.  Whenever  a  decision  is  made  by  the  State  Superintendent,  and 
communicated  to  the  Town  Superintendent,  respecting  the  formation, 
division,  or  alteration  of  districts,  the  latter  must  cause  the  decision 
to  be  recorded  in  the  office  of  the  Town  Clerk  All  other  decisions 
communicated  to  him,  or  to  the  Trustees  of  a  district,  are  to  be  kept 
among  the  official  papers  of  the  Clerk  of  the  town  or  district;  and 
the  District  Clerk  is  required  to  record  all  such  as  come  to  his  hands, 
in  the  disti-ict  book  kept  by  him. 


FOEMS. 


§  939.  Town  Superintendent's  Bond,  with  Approved. 

Know  all  men  by  these  presents :  That  we,  A.  B.,  C.  D.,  and  E. 
F.,  of  the  the  town  of  ,  in  the  county  of  ,  are  held  and 

firmly  bound  unto  L.  M.,  Esq.,  Supervisor  of  said  town,  in  the  penal 
sum  of  dollars,  [^double  the  amount  of  school  money  received 

from  all  sources  during  the  preceding  yearj]  to  be  paid  to  the  said 
L.  M.  or  his  successor  in  office ;  to  the  which  payment,  well  and  truly 
to  be  made,  we  bind  ourselves  and  our  legal  representatives,  jointly 
and  severally,  firmly  by  these  presents.  Witness  our  hands  and 
seals,  this  day  of  ,18. 

Whereas,  the  above  bounden  A.  B.  has  been  duly  elected  [or,  ap- 
pointed] Town  Superintendent  of  Common  Schools  for  the  said  town 
of  :  Now,  therefore,  the  condition  of  this  obligation  is  sucli, 

that  if  the  said  A.  B.  shall  faithfully  apply,  and  legally  disburse,  all 
the  school  money  which  may  come  into  his  hands  during  his  term  of 
office  as  such  Town  Superintendent,  and  faithfully  discharge  all  the 
duties  of  smd  office,  then  this  obligation  to  be  void  ;  else,  to  remain 
in  full  force. 

Signed,  sealed  and  delivered,  )  '  A.  B.  [l.  s.[ 

in  presence  of  )  C.  D.  [l.  s. 

G.  H.  E.  F.  [l.  s.; 

I  approve  of  C.  D.  and  E.  F.,  as  sureties  to  the  foregoing  [or, 
within]  bond.     Dated  the  day  of  ,  18       . 

L.  M~  Supervisor  of  the  Town  of 


SCHOOLS.  625 

§  940.    Warrant  of  three  Jvsiices  appointing  Town  Superintendent 

to  Jill  a  Vacancy.^ 
Town  of  ,  ss : 

Whereas,  A.  B.,  duly  elected  Town  Superintendent  of  Common 
Schools  of  said  town,  at  the  annual  town  meeting  held  therein,  on  the 
day  of  ,18,  has  neglected  to  execute  the  bond 

required  by  law ;  [or,  has  removed  from  said  town ;  or,  has  deceased ; 
or.  Whereas,  the  bond  executed  by  A.  B.,  duly  elected  Town  Super- 
intendent, (fee,  has  not  been  tiled  and  approved  in  conformity  to  law;] 
by  reason  whereof,  the  said  office  of  Town  Superintendent  has  be- 
come vacant: 

Now,  therefore,  we,  the  undersigned,  three  of  the  Justices  of  the 
Peace  of  said  town  of  ,  in  pursuance  of  the  statute  in  such 

case  made  and  provided,  do  hereby  appoint  C.  D.  Town  Superin- 
tendent of  Common  Schools  of  said  town  of  ,  to  hold  the  said 
office  until  a  successor  shall  be  duly  elected  or  appointed. 

Given  imder  our  hands  and  seals,  this  day  of  18 

H.  S.  [l.  s. 
C.H.  [L.S. 
G.  G.  Tl-s. 


§  941.  Notice  to  the  Toxon  Superintendent,  to  give  Additional 
Security. 

To  Mr.  A.  B.,  Town  Superintendent  of  Common  Schools  of  the 
Town  of  : 

You  are  hereby  notified,  that  in  my  opinion,  the  security  hereto- 
fore given  by  you  is  not  sufficient  for  the  full  protection  of  the  pub- 
lic against  the  loss  of  the  school  money,  likely  to  be  intrusted  to 
you ;  and  you  are  therefore  required  to  furnish  satisfactory  security 
witliin  five  days  after  the  receipt  of  this  notice,  otherwise  your  office 
"will  become  vacant 

Dated  ,  the  day  of  ,  18     . 

Yours,  (fee, 
L.  M.,  Supervisor  of  the  Town  of  • 


§  942.  Resolution  Creating  a  New  District. 

At  a  meeting  held  for  the  purpose  of  forming  a  new  school  district, 
in  the  town  of  ,  at  the  office  of  the  Town  Clerk,  [or,  house 

of  R  T.,]  in  said  town,  on  the  day  of  ,  18     :  Pre- 

sent, A.  B.,  Town  Superintendent  of  Common  Schools  :* 

Resolved,  That  a  new  school  district  be  formed,  to  consist  of  the 

'  The  Justices  makine  the  appointment,  must  cause  the  warrant  to  be  forthwith  filed  intbo 
oflfJcc  of  the  Town  Clerk,  and  immediately  give  notice  to  the  person  appointed. 


§99  NEW  clerk's  assistant. 

present  districts  number  one  and  number  two,  [or,  the  present  dis- 
trict number  one,  and  part  of  district  number  two ;  or,  parts  of 
districts  number  one  and  number  two :]  wliich  said  district  shall  be 
numbered  ,  and  shall  be  bounded  as  follows:  [state  the 

boundaries  with  as  much  precision  as  the  ccLse  will  admit.^^ 

The  formation  of  the  aforesaid  district,  involving  an  alteration  of 
districts  number  one  and  number  two,  [or,  as  the  case  may  be,'\  the 
consent  of  the  Trustees  of  the  said  districts  to  such  alteration  has 
been  presented  to  the  Town  Superintendent,  and  filed  with  the 
Town  Clerk.  [If  such  consent  has  not  been  given,  make  thefollow- 
ing  entry :  The  formation  of  the  aforesaid  district,  involving  an  alte- 
ration of  districts  number  one  and  number  two,  and  the  consent  of 
the  Tru&tees  of  district  number  one  to  such  alteration  not  having 
been  given,  it  is  ordered  that  a  notice  in  writing,  of  the  said  altera- 
tion, signed  by  the  Town  Superintendent,  be  served  on  one  of  the 
Trustees  of  the  said  district,  by  the  Town  Superintendent] 

S.  G.,  Town  Clerk  of  said  town  of  ,  and 

Clerk  of  the  Town  Superintendent 


§  943.  Consent  of  Trustees,  to  be  Indorsed  on  a  Copy  of  the  Order} 

We  hereby  consent  to  the  alterations  made  in  district  number  , 
in  the  town  of  ,  by  the  order  of  which  the  within  is  a  copy. 

Dated  ,  the         day  of        ,18. 

C    TT    ^ 

L  M '  (•  '^^^^^^^^  °f  District 

E.  F.! ) 


No. 


§  944.  Notice  to  Trustees  Not  giving  Consent,  to  be  served  with 
a  Copy  of  the  Order,  on  any  one  of  the  Trustees. 

The  Trustees  of  district  number  ,  in  the  town  of  , 

will  take  notice,  that  an  order  was  made  this  day  by  the  Town 
Superintendent  of  common  schools  of  the  said  town,  of  wliich  the 
following  [or,  within]  is  a  copy,  by  which  certain  alterations  in  the 
said  district  are  made,  as  will  appear  by  the  said  order;  and  that 


I  The  consent  of  the  Trustees  should  be  given  at  a  meeting  of  the  whole,  or  of  a  majority 
when  all  have  been  notified  to  attend.  Where  an  alteration  of  several  districts  is  made  ai. 
the  same  time,— the  Trustees  of  some  of  the  districts  consenting  thereto,  and  those  of  the 
others,  withholding  their  consent,— the  alteration  takes  effect  immediately  aa  to  those  district* 
the  Trustees  of  which  signify  their  conflent.    (3  Denio,  114.) 


SCHOOLS.  527 

(ncli  alterations  will  take  effect  after  tlu-ee  montlis  from  the  service 
m  this  notice.     Dated  ,  the  day  of  ,  18      . 

A.  B.,  Town  Superintendent  of  Common 
Schools  of  the  town  of 


§  945.  Acknowledgment  of  Service  of  the  foregoing,  to  he  Indorsed 
on  a  Copy. 
I,  G.  H.,  one  of  the  Trustees  of  school  district  number  , 

in  the  town  of  ,  hereby  acknowledge  due  service  of  a  no- 

tice and  copy  order,  of  which  the  within  is  a  copy,  this 
day  of  ,  18     .  G.  H. 


§  946.  Notice  of  the  First  Meeting  in  a  District,  to  Organize} 

To  R.  F.,  a  taxable  inhabitant  of  District  No.  ,  in  the  Town 

of  : 

The  Town  Superintendent  of  common  schools  of  the  town  of  , 
having  by  an  order,  of  which  the  following  is  a  copy,  formed  a  new 
district  in  the  said  town,  to  be  numbered  ,  consisting  of  the  ter- 
ritory particularly  specified  in  the  said  order ;  you  are  hereby  requi- 
red to  notify  every  inhabitant  of  the  said  district  qualified  to  vote 
at  district  meetings,  to  attend  the  first  district  meeting  of  the  said 
district,  wliich  is  hereby  appointed  to  be  held  at  the  ho\ise  of  , 

in  the  said  to>vn,  on  the  day  of  next,  at  six  o'clock 

in  the  afternoon,  by  reading  this  notice  in  the  liearing  of  each  such 
inhabitant,  or  in  case  of  his  absence  from  home,  by  leaving  a  copy 
of  this  notice,  or  of  so  much  thereof  as  relates  to  the  time  and  place 
of  such  meeting,  at  least  six  days  before  the  said  time  so  appointed 
for  the  said  meeting.     Dated,  &c. 

A.  B.,  Town  Superintendent  of  Common 
Schools,  of  the  town  of 


•  A  copy  of  the  order  forminft  the  district,  should  be  annexed  to  the  aboTe.  The  notice  is 
required  to  be  given  within  twenty  days  after  the  formation  of  the  district.  If  it  b9  neces- 
sary to  give  notice  to  the  Trustees  of  the  alteration  of  a  district,  then  the  notice  for  the  iirst 
meetin;;  should  specify  a  day  subsequent  to  the  expiration  of  three  months  after  the  service 
of  the  notice  on  the  Trustees,  as  the  district  cannot  organize  until  after  that  time.  The  in- 
habitant serving  the  foregoing  notice  should  keep  a  memorandum  of  the  persons  served  with 
the  same,  specifying  the  time  and  the  manner  in  which  such  service  is  made  :  and  the  menio- 
randuni,  certified  by  him,  should  be  delivered  to  the  chairman,  or  cleric,  of  the  district 
aieeting,  and  read,  that  it  may  be  known  whether  all  the  voters  have  been  notified.  Th# 
>rigiiial  notice  and  return  should  be  filed  with  the  district  Clerk. 


52S 


iTSW  clerk's  assistant. 


§  947.  Notice  of  the  Sale  of  a  School-House,  etc.,  by  the  Town 
Superintendent,  where  a  District  is  annulled,  and  por- 
tions thereof  annexed  to  other  Districts. 

KOTICE. 

Notice  is  hereby  given,  that  I  shall  sell  at  public  auction,  the 
school-house  and  other  property  belonging  to  the  former  School  Dis- 
trict number  ,  in  the  town  of  ,  at  siiid  school-house,  [or,  such 
place  as  the  Town  Superintendent  may  designate,^  on  the  day 

of  next,  [or,  instant,]  at  o'clock  in  the  noon;  said 

school  district  having  been  annulled  according  to  law,  and  portions 
thereof  annexed  to  other  districts. 

Dated  ,  the         day  of  ,18 

A.  B.,  Town  Superintendent  of  Common 
Schools  of  the  Town  of 


§  948.  Apportionment  of  the  Proceeds  of  the  Sale  of  the  Property 
belonging  to  an  Annulled  District. 

Apportionment  of  Proceeds  of  Sale  of  PROPERTr  belonging  to 
Annulled  School  District  Number     ,  in  the  Town  of 

Town  of  ,  ss: 

School  District  Number  ,  in  said  Town  of  ,  having  been 

annulled  according  to  law,  by  my  order  dated  on  the  day  of 

,18  ,  and  the  property  of  said  district  having  been 

duly  and  regnilarly  sold  by  me,  at  public  auction,  and  the  debts 
thereof  paid  out  of  the  proceeds  of  such  sale ;  I  do  hereby  make 
the  following  apportionment  of  the  residue  of  such  proceeds,  among 
the  taxable  inhabitants  of  said  annulled  chstrict,  number  ,  accord- 
ing to  their  respective  assessments  on  the  last  assessment  roll  of  the 
said  town  of  : 


...  . 

Names  of  Inhabitants. 

Amount  apportioned  to  each. 

John  Doe, 
Kiclianl  Roe, 

&c.,  <kc., 

Doll's. 

Cents. 

25 
1 

01 
90 

Total  Am't. 

Dated,  &c.,  [as  in  §  947.] 


§  949.  Resolution  for  the  Alteration  of  a  District. 
At  a  meeting,  (fee. :  [as  in  §  942  to  the  *,  and  then  add:"] 
Resolved,  That  districts  number  one  and  number  two,  in  the  said 
town  of  ,  be  altered  as  follows,  viz :  by  setting  off  the  farm? 


SCHOOLS.  S2f 

and  parcels  of  land  occupied  by  J.  B.,  T.  J.,  and  W.  R.,  from  district 
number  one,  in  whicli  they  have  heretofore  been  included,  to  district 
number  tfro;  so  that  the  east  boundaiy  of  district  number  one  shall 
hereafter  be  the  easterly  line  of  the  farms  and  parcels  of  land  occu- 
pied by  C.  D.,  G.  H.,  and  S.  T.,  and  the  west  boundary  of  district 
number  two  shall  be  the  westerly  line  of  the  farms  and  parcels  of 
land  occupied  by  the  said  J.  B.,  T.  J.,  and  W.  R ;  the  said  J.  B.,  T. 
J.,  and  W.  R.,  having  consented  to  be  set  off  as  aforesaid. 

The  written  consent  of  the  Trustees  of  the  said  districts  number 
one  and  two,  having  been  presented  to  the  Town  Superintendent,  is 
tiled  with  the  Town  Clerk;  [or,  the  consent  of  the  Trustees  of  the 
said  districts  respectively ;  or,  of  said  district  number  one ;  or,  num- 
ber two ;]  not  ha\ing  been  given  to  the  said  alteration,  it .  is  ordered 
that  a  notice,  in  writing,  of  such  alteration,  signed  by  the  Town 
Superintendent,  be  served  on  the  Clerk,  or  some  of  the  Triistees  of 
each  of  the  said  districts;  [or,  of  said  district  number  one;  or,  num- 
ber two.J 

S.  T.,  Town  Clerk,  <fec. 


§  950.  Resolution  for  the  Formation,  or  Alteration,  of  a  Joint 

District,  from  two  or  more  Towns} 
At  a  meeting  held  for  the  purpose  of  forming  a  joint  district  from 
district  number  ,  in  the  town  of  ,  and  district 

number  ,  in  the  town  of  ,  [or,  of  altering  joint  dis- 

trict number  ,  situate  partly  in  the  town  of  ,  and 

partly  in  the  town  of  ,]  at  the  office,  &c.,  on  the  day 

of,  &c. :  Present,  A.  B.  and  G.  H.,  Town  Superintendents  of  Com- 
mon Schools  of  the  said  towns : 

Resolved,  dr.,  [as  in  §  942,  or  §  949,  with  such  alterations  as  tkt 
circumstances  of  the  case  may  require.^ 

A.  B.,  Town  Superintendent  of  Common 

Schools  of  the  Town  of 
G.  H.,  Town  Superintendent  of  Common 

Schools  of  the  Town  of  . 


§  951.   Certificate  to  Teacher,  hy  Town  Superintendent. 
Town  of  ,  ss : 

I  hereby  certify,  that  I  have  examined  C.  F.,  and  do  believe  that 
he  [or,  she]  is  well  qualified,  in  respect  to  moral  character,  learning 


>  The  rasolutian  ihould  ke  signed  in  dupU  :ate :  one  ef  ihom  is  t«  be  recorded  ia  tAck  ( 
Si 


980  NBW   CLERK^   ASSISTAHT. 

ftnd  ability,  to  instruct  a  conjmon  school  in  this  town,  for  one  year  frofti 
the  date  hereo£  • 
£firea  under  toy  hand,  at  ,  this  day  of  » 18    . 

A.  B.,  Town^Supeiintendent  of  Convmoa 
Sehools  of  the  Town  of 


§  952.  Instrument  Annulling  Teacher'^  Certificate} 

Town  of  ,  ss : 

Having  inquired  into  certain  complaints  against  C,  F.,  heretofore 
^censed  as  a  tcaciier  of  commott  schools  of  said  town,  and  being  of 
opinion  that  he  fb)',  she]  does  not  possess  the  requisite  qualifications 
as  a  teachei*,  in  respect  to  moral  character ;  [or,  as  the  case  may  he;\ 
and  having  given  at  least  ten  days  previous  notice  in  writing  to  said 
leacher,  and  to  the  Trustees  of  the  district  hi  which  he  is  employed, 
«f  my  intention  so  to  do;  I  have  annulled,  and  hereby  do  annul,  the 
laid  certificate  and  hcense  so  granted  as  aforesaid 

Oiven  under  my  hand,  this  day  of  ,18 

A.  B.,  Town  Superintendent  of  Common 
Schook  of  the  Twwu  of 


§  953.  Annual  JReport  of  the  Town  Superintendent,  to  be  made  t* 
die  County  Clerk. 

To  P.  v.,  Clerk  of  the  County  of  : 

I,  A.  B.,  Town  Superintendent  of  common  schools  of  the  town  of 
,  in  said  county  of  ,  in  conformity  to  the  statutes 

in  relation  to  common  schools,  do  report :  That  the  number  of  entire 
school  districts  in  said  town,  organized  according  to  law,  is  ; 

and  that  the  number  of  parts  of  school  districts  in  said  town,  is  ; 
that  the  numb'r  of  joint  districts,  the  school-houses  of  which  are 
situated,  wholly  or  partly,  in  said  town,  is  ;  that  the  nimi- 

ber  of  entire  districts  from  which  the  necessary  reports  have  been 
made  for  the  present  year,  within  the  time  hmited  by  law,  is  ; 

and  that  the  number  of  parts  of  districts  from  which  such  reports 
have  been  made,  is  ;  that  the  number  of  schools  for  colored 

children  taught  in  said  town,  diu-ing  the  year  aforesaid,  for  fom- 
months  or  upwards,  by  a  didy  qualified  teacher,  was 


'  A  note  in  writing,  containing  the  name  of  the  teacher,  and  the  time  of  annulling  the  ee-r 
ItficAte,  or  a  duplicate  of  the  instniment,  must  be  filed  in  the  Town  Clerk's  Office. 


SCHOOLS.  Sit 

And  I  do  further  certify  and  report,  that  the  whole  asaount  of 
money  rexeivecf  br  me,  or  my  predecessor  [or,  predecessors]  'm  offijo. 
for  the  \i5-t5  of  c<>miTK»n  sthoole,  dxirinc^  the  ;^«ar  ondin^  on  th^  date 
%i  this  report,  and  sincp  tiie  date  of  A?  l-^st  report,  lor  said  K'wtI, 
i>  d  ;  of  irhich  suci  the  p»rt  received  from  the  Cuuftty 

Treasurer,  \s  $  :  the  part  from  the  t<jwn  Collector,  is  S  ; 

and  tliat  we  have  collected  the  sum  of  $  for  penalties ;  [1/ 

nothing  has  been  collected  for  penalties,  omit  the  reference  to  the  same; 
and  if  money  has  been  received  from  any  other  source,  specify  it 
here/'j  that  the  said  sum  of  money  has  been  apportioned  and  paid 
to  the  several  districts  from  which  the  necessary  reports  were  re- 
ceived, for  the  purposes  and  in  the  proportions  following,  viz :  the  sum 
I  >(  8  f"r  the  pa}Tnent  of  teachers'  w»g06,  and  the  sum  of  % 

i'ur  the'  purchase  of  district  libraries;',  thiife  the  sttm  of  ■$  was 

apportioned  by  me  to  district  number  ,  for  colored 

children  in  said  district,  between  the  ages  of  five  and  sixteen  years, 
who  have  attended  a  school  taught  in  district  number  , 

iu  said  town,  by  a  didy  quajifit<d  teacher,  for  -four  months  dnrini^ 
ih'?  preceding  year;  and  $  to  district  number  ,  for 

colored  children  so  attending  fn  said  district ;  and  that  I  liave^ 
deducted  the  said  several  amounts  from  the  sums  by  me  apportioned 
y>  the  said  districts  nurabej-  and  »  respectively.     JVnd  I 

further  certify,  that  during  jhp  year  before  mentioned,  i  have  not 
collected  any  fines,  pen^dties  or  forfeitures;  [or,  that  during  the  year 
before  mentioned,  I  kave  collected  a  penalty  of  $25,  imposed  on  C. 
D.,  a  Trustee  of  District  number  ,  in  said  town,  for  signing  a 

false  report;  and  that  my  rusts  and  charges  in  such  coUectiofi 
amounted  to  $  :  atid  that  the  balance  of  such  pijialty  wa*5 

by  me  added  to  the  sch<X)l  money  received  by  me  and  apportioned 
as  above  mendoned;]  that  the  school  books  most  in  use  in  the  com- 
mon schools  of  said  town  are  the  following,  \iz :  [Specify  the  same 
as  reported  by  the  Trustees:]  And  I  further  cerdfy  the  tables  fol- 
lowing, to  be  true  abstracts  from  the  reports  of  the  Trustees  of  the 
several  districts,  and  parts  of  districts,  as  aforesaid.' 


'  Tlie  children  of  Indian  parents,  between  5  and  16  years  of  ase,  are  not  to  be  enurae- 
r.-^ied, unless  attending  school  for  at  least  three  munths, during  the  previous  year;  and  i\  is 
the  luiy  of  (he  Town  Superintendent,  where  a  school  is  kepf  for  the  instruction  of  Indian 
ciiildren  in  the  elementary  branches,  under  charge  of  a  competPiK  teacher,  for  four  ntontlin 
(II  Uie  yuar,  to  ajiportion  and  pay  over  lo  the  teacher,  or  teachers,  on  the  written  consent 
of  the  peace  makers  for  the  Indians  residing  on  the  reservation  where  the  diildreii  atteml- 
ing  ilie  school  reside,  such  part  of  the  jniblic  money  as  shall  be  in  proportion  to  the  num- 
ber of  children  itistructcd  for  an  averace  period  of  three  months.  Satisfactory  evidenr*. 
must  be  furnished  to  the  Town  Superintendent,  of  thie  time,  and  the  numoer  of  chiidrea 
Uu^ht,  and  the  facta  ttated  succinctly  in  his  report.     (Laws  of  1446.  chap   4.5  ) 


nt 


KEW   clerk's   ASSISTAirr. 


PARTS  OF  ]|^STRICTS. 


DISTRICTS. 


DISTRICTS  AND  PARTS. 


x  ^  X  y. 

p  o  p  o  I 


Districts  and  pans  ol'  Districts 

Ironi  which  Reports  have 

been  niaile. 


S    Days. 


Whole  length  of  time  any 

school  has  been  kept 

therein. 


Mo. 


cTi  I   Uays, 


Length  of  time  such  school 

has  been  kept  by  licensed 

teachers. 


to.^  05l— 


0(0  ii 


I    Cts. 


For  Teachers 
wages. 


For  Libraries. 


SI 


q  a  a 


No.  of  children  lauelu. 


No.  of  do.  over  5  and  under 
16,  in  each  district. 


Dolls 

CIS. 


Ain't  paid  for  teachers'  wa 
ges,  besides  public  moneys. 


No.    of  children  between  0 

and  16,  taught  in  colored 

schools. 


Am't  of  public  money  rec'd 
'  from  children  attendinj 
colored  schools. 


Am't  paid  for  teachers'  wa- 
ges, in   colored  schools,  be 
I   Cts.      !  sides  public  money. 


No.  of  times  visited  by  Town 
Superintendent. 


No.  of  pupils  who  have  at- 
tended less  tlian  2  mo. 


I  Two  mo.,  and  less   than  4 


I  Four  nio.,  and  less  than  0. 


Six  mo.,  and  less  than  8. 


I  Eight  mo.,  and  less  than  10, 


I  Ten  mo.,  and  le,ss  than  ]2. 


Twelve  months 


No.   of  select    and   private 
schools  not  incorporated 


I  No.  of  pu[)il3  attending. 


No.   of  volumes   in  district 
library. 


Dated  at  ,  this  1st  day  of  July,  A.  D.  18     . 

A-  B.,  Town  Sup't  of  Common  Schools 
of  the  Town  of 


•  The  annual  report  of  the  Town  Superintendent  is  to  be  made  between  the  first  day  of 
July  and  the  first  day  of  August  in  each  year,  and  is  to  be  dated  on  the  first  day  of  July. 
It  u  necessary  for  the  Town  Superintendent  to  include,  also,  in  his  report,  the  amount,  if 


SCHOOLS. 


58S 


§  954.    List  of  Votes  Taken,  hy  Ayes  and  Noes,  to  be  kept  by  the 
District  Clerk} 


Names  of 
Voters. 

On  change  of 

Site  of  School 

House. 

On  motion  to 

build  Schgol 

House. 

On  resolution 
to  raise  tax 
.■'of« 

On  resolution  « 
to  raise  tax  for 
Apparatus. 

AYES.   1  NOES. 

AYES.   1  NOES. 

AYES.  1  NOES. 

AYES.  1  NOES. 

C.  D. 
E.  F. 
G.  H. 
R.  T. 
0.  P. 

1 

1 
1 

1 
1 

1 

1 
1 
1 

1 

•• 

3 

2 

1 

4 

16 

14 

23 

15 

§  955.   Form  of  Minutes  of  Proceedings  of  District  Meetings,  to  b« 
kept  by  the  Clerk. 

At  a  meeting  of  the  legal  voters  of  school  district  number  , 

in  the  town  of  ,  held  pursuant  to  adjournment,  at  , 

on  the  day  of  ,  18       ,  [or,  if  it  be  an  annual  meet- 

ing, say:  At  an  annual  meeting  of,  &c.,  held  pursuant  to  appoint- 
ment and  public  notice,  at,  &c. ;  if  a  special  meeting,  say:  At  a 
special  meeting  of,  &c.,  called  by  the  Trustees  of  said  district,  and 
held  pursuant  to  special  notice,  at,  <fec.,]  G.  H.  was  chosen  chairman, 
and  C.  D.  was  present  as  District  Clerk;  [or,  if  the  Clerk  is  absent, 
say:  E.  F.  was  appointed  Clerk  pro  tem.,  the  District  Clerk  being 
absent]* 

Resolved,  Unanimously,  [or,  by  a  majority  of  two-thirds  of  the 
voters  present;  or,  by  a  majority  of  the  votes  of  those  present;  or, 
as  the  case  may  be,^  that,  &c.  [^Here  state  with  precision  the  pro-- 
ceedings  of  the  meeting^ 


§  956.  Record  of  Proceedings  where  the  subject  of  a  Change  of  Site 
has  been  under  Discussion. 

At  a  meeting  of  the  taxable  inhabitants  of  District  No.  ,  in  the 
town  of  ,  held  at  the  school-house,  in  pursuance  of  notice 

to  all  the  legal  voters  therein,  on  the  day  of  ,  18      , 

A.  B.  was  chosen,  &o.,  [as  in  §  955,  to  the  *,  and  then  add ;]  The 
written  consent  of  the  Town  Superintendent  of  common  schools  of 

any,  of  money  paid  for  teachers'  wages,  in  addition  to  the  public  money  paid  therefor ;  the 
amiiuut  of  taxes  levied  for  purchasing  school-house  sites;  for  buildin!:.  luring,  purchasing, 
repairing  and  insuring  school-houses;  for  fuel  and  supplying  deliciejicie.-*  in  tax  lists;  for 
district  libraries ;  or  for  any  other  purpose  allowed  by  law  ;  to-rether  with  such  other  ir^ 
formation  as  the  State  Superintendejit  may  require.     (Laws  of  1847,  chap.  4S0.) 

'  When  the  site  is  to  be  changed  In  a  district  not  altered,  the  law  requires  the  vote  to  b« 
taken  by  ayes  and  noes.  When  votes  are  taken  in  this  manner  the  names  of  those  voiinf 
should  be  written  in  full. 


534  XSW  CLBftR'S  ASSISTANT. 

the  town  ha\ing  been  read,  stating,  that,  in  his  opinion,  the  removal 
of  the  site  of  the  school-house  in  said  district  is  necessary;  and  it 
liaving  been  moved  and  seconded,  that  the  present  site  of  the  school- 
Jiousc  in  the  said  district  be  chtioged^  and  that  [h&re  state  the  locality 
of  the  contemplated  site^  he  designated  a«  the  site  of  a  school-hous« 
for  the  said  district,  and  the  question  being  taken  by  ayes  and  noes, 
it  wiis  carried,  \ory  it  was  lost,}  two-thirds  of  all  the  tixxable  inliabi- 
tants  of  SJiid  district  bein^  present  at  such  meeting  voting  for  such 
remtjval,  and  in  favor  of  such  new  site ;  [or,  not  voting  in  favor  there- 
of.] Those  who  voted  in  the  aflBrmative,  were  CC  D.,  E,  F.,  &c., 
<fec.;  those  who  voted  in  the  negative,  were  0.  P.,  S.  T.,  (fee,  <fec. 
Aves,  ;  Noes,  } 

C.  D.,  District  Clerk. 


§  957.  Declaration,  to  be  fnade  hy  a  Challenged  Person. 

I  do  declare  and  aflBrm,  that  I  am  an  actual  resident  of  this  school 
dlstnct,  and  that  I  am  qualified  to  vote  at  this  meeting. 


§  058.  Resolution  Authorizing  the  Sale  of  Former  Site  of  School 

House,  <£*a 

Resolved,  By  a  majority  of  the  votes  of  those  present,  that  the 
Trustees  of  this  school  district  be  directed  to  sell  the  former  site  of 
the  school-house  in  said  district,  with  the  buildings  thereon,  and  the 
appurtenances,  at  such  price,  and  upon  such  terms,  as  they  shall 
deem  most  advantageous  to  the  district. 


§  959.   Resolution  for  Raising  a  Tax  for  the  Erection  of  a  School 

Hotise. 

The  certificate  of  the  Town  Superintendent  of  common  schools 
of  the  town  of  ,  having  been  obtained,  stating  that,  in  liis 

opinion,  a  larger  sum  than  four  hundred  dollars  ought  to  be  raised 
i"or  budding  a  schod- house  in  the  said  district,  namely:  the  sum 
of  dollars;  therefore, 

Resolved,  That  the  said  sum  of  dollars  be  raised  by  tax  upon 
the  said  district,  \iiisert,  to  be  paid  in  four  equal  annual  installments 
of  dollars  each,  if  necessary, '\  for  the  purpose  of  building  a 

school-hotise  therein, 

'  In  staling  the  ayea  and  noes,  the  Christian  names  of  the  voters  should  be  given. 


SCHOOLS. 


SS^' 


§  960.  Resolution  for  the  Purchase  cf  aSite,  to  be  separate  from  th« 
foregoing  resolution. 
Resolved,  That  tiie  sum  of  dollars  be  raised  by  tax  upon  the 

*>rti.4  distiict,  for  the  purclia.se  of  the  site  for  a  new  school-bous€, 
lu-reiui'in?  designated  by  ihe  leiii^al  voters  thereot 


§  961.  Order  of  Trustees  for  Teacher^s  Wages. 
To  A.  B.,  Esq.,  Town  Superintendent  of  Common  Scliools  of  the 
Town  of 
Pay  to  C.  F.,  a  teacher  duly  employed  by  us,  and  qualified  a«* 
wording  to  law,  dollars,  that  being  the  amount  wliich  he  is  en- 

titled to  receive  out  of  the  moneys  in  your  liands  applicable  to  the 
payment  of  teachers'  wages,  and  apportioned  to  our  district     Dated 
» this  day  of  ^  18     . 

G.  H.,  )  Trustees 
L.  M.,  [-of District 
E.  F..  \  Na 


§  962.  Order  for  Library  Money. 
To  A.  B.,  Esq.,  Town  Superintendent,  (fee. : 

Pay  to  ,  the  sum  of  dollars,  that  being  the  amoimt 

of  the  library  money  in  your  hands  due  to  school  district  number 
..  in  said  town.     Dated,  &c.,  [as  in  §  961.] 


§  965.  Acco^int  of  the  Trustees,  and  Inventory  of  District  Propert'^f. 
to  be  Entered  and  Signed  in  their  Book,  at  or  before  eack 
Annual  Meeting. 
G.  tl.,  L.  M.,  and  E.  F.,  Trustees  of  School  District  Na  ,  in  the 

Town  of  ,  in  account  with  said  District, 

Dr.  Cr. 


DATES. 

• 

1 — 

cts. 

BATES. 

e 

et8. 

18 

IS      . 

.Tune  30. 

To  amount  collect- 

Juiyl, 

By  paid  for  appa 

ed  on  tax  list. 

iVi 

m 

raius,  as  per  vou- 

Set)i. IS. 

To  do.  do. 

'iti 

y..i 

Sept.  10, 

Dec.  15, 
Jan.  13, 

cher  No.  1. 

By  do.  d«.  teachera' 
wages  do.  do.  No. 
2, 

By  do.  do.  for  fuel, 
do.  do.  No  3, 

By  ilo.  do.  for  re- 
pairing Fchool- 
noiise,    do.    do. 

15 

37 
9 

00 

oe 

No.  4, 

13 

23 

May  2, 

By  ball,  on  hand, 

12 

80 

S7 

61 

S7 

61 

SM  VBW  Clark's  assistant. 

STATEMENT  OF  MOVABLE  PROPERTY,  BELONGING  TO  DISTRICT 
NUMBER  ,  viz: 

One  stove  and  pipe  ;  one  pail ;  two  chairs ;  one  broom ;  one  map 
of  the  United  States,  (fee,  &c.  [Specif  >/  all  the  different  articles,  in- 
cluding the  books  belonging  to  the  district.^ 

We,  the  subscribers.  Trustees  of  District  number  ,  in  the 

town  of  ,  do  hereby  certify,  that  the  preceding,  from 

page  to  page  ,  inclusive,  contains  a  true  and  accurate 

account  of  all  the  moneys  received  by  us,  for  the  use  of  said  district, 
and  of  the  expenditure  thereof  ;  and  a  correct  statement  and  inven- 
tory of  all  the  movable  property  belongmg  to  said  district* 

Dated,  (fee,  [as  in  §  961.] 


§  964.  Annual  Estimate  of  Trustees. 

ANNUAL  ESTIMATE. 

The  Trustees  of  School  District  Number  ,  in  the  Town  of 

,  in  the  County  of  ,  estimate  the  amount  of  money 

necessary  to  be  raised  in  said  district  for  the  ensuing  year,  exclusive 
of  the  public  money,  and  the  money  required  by  law  to  be  raised  by 
the  county  and  town,  [insert,  and  the  income  of  local  funds,  if  there 
ie  such  funds,^  as  follows ; 


For  providing  fuel,            .             .             . 
"         "           furniture,    -             -             - 

$10  00 
3  00 

"         "          school  apparatus,     - 

"     paying  for  repairs  of  school-house, 

••         "           insurance  of  school-house^    - 

5  00 
Y  50 
8  30 

"         "           contingent  expenses, 
••         "           teachers'  wages,     - 

6  00 
56  00 

Total, 
Dated,  <fec.,  [as  in  §  961.] 


§  965.  .Notice  to  be  Posted  on  the  School  House  Door? 

SCHOOL  DISTRICT  NOTICE. 

Notice  is  hereby  given,  that  the  trustees  of  school  district  num- 
ber ■  ,  in  the  town  of  ,  have  prepared  their  estimate  of 


'  The  law  does  not,  in  terms,  require  a  copy  of  the  estimate  to  accompany  the  notice,  bu« 
M  w*uld  be  well  to  annex  one  thweio. 


BCHOOLS. 


53T 


ftie  amount  of  money  necessaay  to  be  raised  in  said  district  for  the 
ensuing  year,  for  the  payment  of  the  debts  and  expenses  to  be  in- 
curred by  said  district  for  fuel,  furniture,  school  apparatus,  repairs 
and  insurance  of  school- house,  contingent  expenses  and  teachers' 
wages,  excliisive  of  the  pubhc  money,  and  the  money  to  be  raised 
by  the  county  and  town ;  [insert,  and  the  income  of  local  funds,  if 
necessari/  :^  and  that  the  said  estimate  will  be  presented  to  the  an- 
nual meeting,  to  be  held  at  the  school-house,  in  said  district,  on  the 
day  of  instant,  [or,  next] 

Dated,  &c.,  [as  in  §  961.] 


§  966.  District  Tax  List,  and  Warrant  for  its  Collection. 

List  of  taxes  apportioned  by  the  Trustees  of  district  number         , 
in  the  town  of  ,  on  the  taxable  inhabitants  of  the  said  dis- 

trict, and  corporations  holding  property  therein,  and  upon  real  estate 
lying  within  the  boundaries  of  such  district,  the  owners  of  which  are 
non-residents  thereof,  for  the  purpose  of  raising  the  sum  of  ,  laid 
and  chai-ged  on  the  said  district,  according  to  law : 


NAMES   OF    INHABITANTS  AND  CORPORATIONS. 

am't  of  taxes. 

Dolls.    1     Cts. 

n.  G., 

C.  D.,  Executor  of  the  estate  of  E.  D.,  deceased, 

The  Bank  of               , 

The                 manufacturing  company, 

10 
37 
69 
32 

10 
90 
10 
04 

Statement  and  description  of  unoccupied  and  unimproved  lands  of 
non-residents  of  said  district,  upon  wliich  a  tax  has  been  imposed  as 
above  stated  : 


1 

" 

Number  &  Description 

Quantity  of 

^          Valuation        | 

Amount  of 

of  Lots  and  Parts  of 

land  therein  liable  to 

of    Buch 

quan- 

tax. 

Lots. 

taxation. 

lily.             j 

Dolls. 

Cts. 

Dolls. 

CIS. 

Lot  No.  09, 

5M  acres. 

!     400J 

00 

50 

00 

Southwest  quarter  of 

1 

lot  No.  23, 

2J        •' 

!         6 

00 

0 

50 

Tract  not  subdivided, 

5          " 

1        50 

00 

3 

12i 

[Or,  Tract,  the  subdi- 

vision of  which  cannot 

I 

be  ascertained,  bound- 

1 

ed,  &c.,] 

"          " 

" 

" 

" 

" 

To  the  Collector*  of  School  District  No.  ,  in  the  town  of  , 

in  the  County  of  : 

You  are  hereby  commanded  to  collect  from  each  of  the  taxabk 
inhabitants  and  corporations  named  in  the  foregoing  list,  and  of  the 
owners  of  the  real  estate  described  therein,  the  sever^  sums  mei's^ 


588  ntw  clkbk's  assistakt. 

tioned  m  the  last  coluiQn  of  the  said  list,  opposite  to  the  persons  and 
eorpnratioDs  so  named,  and  to  the  several  tracts  of  land  so  described, 
together  with  the  per  centage  allowed  by  law  for  your  fees ;  and  in 
fa.se  any  person,  upon  whom  such  tax  is  imposed,  shall  neglect  or  xe< 
fuse  to^jay  the  same,  you  are  to  levy  the  s<ime  by  distress  and  sai»- 
of  th<*  goods  and  chattels  of  the  person  or  corporation  so  tjixed,  ir. 
the  same  manner  as  on  warrants  issued  by  the  board  of  Supervitjoi-s 
to  the  Collectors  of  towns ;  and  you  are  to  make  a  reium  of  thiN 
warrant  within  tiiirty  days  after  the  delivery  thereof  to  you.  arid 
within  that  time  to  pay  over  all  moneys  collected,  by  virtue  horeuf. 
to  the  Trustees  of  the  said  district,  some  or  t>ne  of  them ;  and  if  any 
tax  on  the  real  estate  of  a  non-resident  mentioned  in  the  said  list, 
shall  be  unpaid  at  the  time  when  you  are  required  to  return  this  war- 
rant, you  are  to  dehver  to  the  Trustc^es  of  the  said  district  an  account 
thereof  according  to  law.     Given  imder  our  hands,  this  day 

•f  ,  18       . 


?-^''      I  Trustees,  4c. 

&C,  (KC,  j 


§  967.  Distria  Collector's  Bond: 

Know  all  men  by  these  presents :  That  we,  O.  P.  and  R  F.,  are 
held  and  firmly  bound  to  G.  H.,  L.  M.,  and  E.  F.,  Trustees  of  school 
district  number  ,  in  the  town  of  ,  in  the  Sum  of 

[insert  double  the  ainount  to  be  collectedly  dollars  to  be  paid  to  the 
said  G.  H.,  L.  M.,  and  E.  F,,  Trustees  as  afcaresaid,  or  to  the  survi- 
vor, or  survivors,  of  them,  or  their  successors :  to  the  which  payment, 
well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administi'ators,  firmly  by  these  presents. 

Sealed  with  om*  seals,  and  dated  this  day  of  ,  A. 

D.  18 

Whereas,  the  above  bounden  O.  P.  has  been  chosen  [or,  appointed] 
Collector  of  the  above  mentioned  school  district  number  ,  in 

the  town  of  ,  in  conformity  to  the  statutes  relating  to  com- 

mon schools :  Now,  therefore,  the  condition  of  this  obligation  is  such, 
that  if  he,  the  said  0.  P.,  shall  well  and  truly  collect  and  pay  over, 
the  moneys  assessed  upon  the  taxable  inhabitants  of  said  district, 
member  in  a  tax  list  dated  the  day  of  ,  and 

tliis  day  received  by  the  said  Collector,  which  assessment  amounts  tij 
t  total  sum  of  dollars  and  cents;  and  shall,  in  all 

respects,  didy  and  faithfully  execute  the  said  warrant,  and  all  the 
duties  of  his  office  as  Collector  of  such  district,  then  this  obligation 
ahall  be  void  ;  otherwise,  to  be  in  full  force  and  virtue. 

Signed,  sealed,  and  delivered,  )  0.  P.  [l.  s.] 

in  presence  of  f  R  F.  [i.  s.J 

A^ 

'  The  Collector's  bond  must  be  executed  within  the  time  allowed  by  the  Trustees,  whicn 
Mnnoi  be  less  than  ten  days. 


SCHOOLS  539 

§  968.  Notice  tka{  Collector  will  receive  Taxes. 

SCHOOL  DISTKICi;^  NOTICE. 

yotioe  is  liereby  given,  that  tlie  undersigned  has  yeedved  a  tax 
iiat  from  the  Tt-ustootj  of  8cLn<jl  District  Number  ,  iu  the 

Town  oi  ,  to  collect  the  sum  of  dollars  and 

cents,  in  said  district ;  ivnd  that  all  persons  who  pay  in  their  taxes  to 
me  within  two  weeks  from  tliis  date,  will  be  charged  one  per  cent  as 
my  fees  for  collection,  and  live  per  cent  will  be  required  to  be  paid 
on  all  sums  collected  after  that  time.     Dated  ,  this 

day  of  ,  18     . 

O.  P.,  Collector  of  School  District  No. 


I  969.  Jienewai  of  Warrant} 

We  hereby  renew  the  within  warrant,  with  the  approbation  of  the 
Town  Superintendent  of  Common  Schools,  this  day  of  , 

18    . 

G.  H.,      )       Trustees  of 
<fec.,  &c., )  School  District  Na 


§  970.  Returrh  of  Collector  to  the  Tax  List  <md  WarranL 

I,  the  subscriber,  Collector  of  school  district  number  ,  in 

the  town  of  ,  do  hereby  certify  and  make  retxuTi  to  the  within 

tax  list  aad  warrant,  that  I  have  collected,  by  "virtue  thereof,  the  sum 
of  ,  as  therein  required,  and  that  the  sum  of  ,  assessed 

on  the  real  estate  of  ,  a  non-resident  mentioned  in  the  said 

list,  remains  unpaid- 
Dated  ,  the  day  of  ,  18     . 

0.  P.,  Collector. 


§  971,  Notice  of  Levy  and  Sale  hy  Collector. 

SCHOOL  DISTRICT  COLLECTOR'S  SALE. 

By  virtue  of  a  tax  list  and  warrant,  issued  by  the  Triistees  of 
school  district  number  ,  in  the  of  ,  to  me 

diiected   and  deUrered,  I  have  levied  upon  and  taken   the  fol- 

'  w 

1  Warrants  may  be  renewed  as  often  as  may  be  necessary,  with  the  approbation  of  th« 
Town  Superintendent,  but  not  otherwise.  Applications  for  his  approbation  must  state  tha 
facts  and  circumstances,  and  the  reason  why  the  warrant  has  not  been  collected,  and  muat 
be  verified  by  oaib. 

a  The  notice  must  be  given  at  least  eix  days  preTious  to  the  sale,  and  copios  must  ta 
posted  up  ia  three  public  places  in  the  town  in  which  the  sale  ia  to  be  made. 


Mo  NBW  clerk's  assistant. 

lowing  goods  and  chattels  of  R.  T.,  [or,  in  the  possession  of  R  T.,] 
viz:  [specify  the  articles:]  which  I^shall  sell  at  public  auction,  at  the 
house  of  L.  M.,  in  said  town,  on  the  day  of  nert, 

[or,  instant,]  at  ten  o'clock  in  the  forenoon  of  that  day.     Dated  at 
,  the  day  of  ,  18       . 

O.  P.,-  Collector  of  School  District  No. 


§  972.  Affidavit  of  Verification  of  the  Account  of  a  District  Officer, 
Claiming  to  have  Costs,  (&c.,  Reimbursed. 
County,  ss: 
A.  B.,  of  said  county,  being  duly  sworn,  says,  that  he  was  Collec- 
tor of  school  district  number  ,  in  the  town  of  , 
in  said  coimty,  for  and  during  the  year  immediately  preceding  the 
day  of            ,18         ,  and  that  on  the             day  of  , 
18     ,  a  suit  was  commenced  against  him  in  the  Supreme  Court  of 
the  State  of  New  York,  in  favor  of  C.  D.,  plaintiff  therein,  claiming 
to  recover  damages  against  this  deponent  for  acts  performed  by  vu-- 
tue  of  or  under  color  of  his  office ;  that  such  smt  was  decided  in  favor 
of  the  said  C.  D.,  [or,  in  favor  of  the  deponent;]  that  the  foregoing 
is  a  just  and  true  account  of  costs,  chai-ges  and  expenses,  incurred 
by  this  deponent,  in  and  about  the  defence  of  the  siiid  suit,  [insert 
here,  if  the  suit  was  decided  in  favor  of  the  officer,  and  not  collected, 
or  collectible  of  the  plaintiff  therein,]  and  that  the  same  have  been 
fully  paid  and  discharged  by  this  deponent. 

Sworn  to,  [or,  affirmed,]  this  day  of )  A.  B. 

of  ,18         ,  before  me,  \ 

G.  H.,  Justice  of  the  Peace. 


§  973.  Notice  to  Accompany  the  Copy  of  the  Account  served  on  the 

Trustees. 
To  G.  H.,  L.  M.,  and  E.  F.,  Trustees  of  District  No.  ,  in  the 

Town  of  : 

You  are  hereby  notified,  that  an  account,  and  the  Verification 
thereof,  of  which  the  above  [or,  within]  is  a  copy,  wiU  be  presented 
to  the  Board  of  Supervisors  of  the  county  of  ,  at  the  house 

of  R.  F.,  in  the  town  of  ,  on  the  day  of  next,  at 

ten  o'clock  in  the  forenoon  of  that  day;  and  that  application  wiT 
then  and  there  be  made,  for  an  order  to  be  entered  requiring  the 
amount  of  the  said  account  to  be  pdd  by  said  school  district  num- 
ber ;  or  for  such  other  order  in  the  premises  as  the  said 
board  may  see  fit  to  grant. 

Dated  ,  May  1,  1847.  A.  R 


SCHOOLS.  541 

§  9>4.   Order  of  the  Board  of  Supervisors,  with  Cleric's  Certificate. 

At  a  meeting  of  tlie  Board  of  Supervisors  of  the  county  of  , 

held  at  the  house  of  R.  F.,  in  the  town  of  ,  in  said  county,  on 

the  day  of  ,  18     ,  a  majority  of  the  said  Board  being 

present,  it  was  ordered : 

That  the  sum  of  dollars,  being  the  amount  \or,  part  of  the 

amount]  of  an  account  for  costs,  charges  and  expenses,  incurred  and 
paid  by  A.  B.,  late  Collector  of  school  district  number  ,  in  the 

town  of  ,  in  a  suit  commenced  against  him  in  the  Supreme 

Court  of  the  State  of  New  York,  in  favor  of  C.  D.,  plaintiff  therein, 
for  acts  performed  by  the  said  A.  B.,  by  virtue  of  or  under  color  of 
his  office,  and  in  which  judgment  was  rendered  against  the  said  A. 
B.,  [or,  as  the  case  may  he^  be  assessed  upon  and  collected  of  the 
taxable  inhabitants  and  property  of  said  school  district  number  , 
in  the  same  manner  as  otjier  taxes  of  said  district  are  by  law  assessed 
and  collected,  and  paid  to  the  said  A.  B. 

I  certify  the  foregoing  to  be  a  correct  copy  from  the  minutes. 

M.  P.,  Clerk  of  the  Board. 


§  975.  Notice  to  he  Served  on  the  Trustees  with  a  Copy  of  tht 

Order. 
To  G.  H.,  L.  M.,  and  E.  F.,  Trustees  of  School  District  No.  , 

in  the  Town  of  : 

You  will  please  take  notice,  that  the  foregoing  is  a  true  copy  of  an 
order  duly  made  and  entered  by  the  Board  of  Supervisors  of  the 
county  of  ,  on  the  day  of  ,  18       . 

Dated,  dec,  [as  in  §  973.] 


§  976.  District  Report,  to  he  made  hy  the  Trustees  Annually,  and 
transmitted  to  the  Town  Superintendent,  between  the  first 
and  fifteenth  day  of  January  in  each  year} 

To  the  Town  Superintendent  of  Common  Schools  of  the  Town  of        : 
We,  the  Trustees  of  school  district  number  ,  in  said  town, 

in  conformity  with  the  statutes  relating  to  common  schools,  do  certify 
and  report,  that  the  whole  time  any  school  has  been  kept  in  our  dis- 
trict during  the  year  ending  on  the  date  hereof,  and  since  the  date  of 
the  last  report  for  the  said  district,  is  \insert  the  whole  time,  though 


1  Sec  nolo  to  §  963,  in  regard  to  not  enumerating  Indian  CtiildreD. 


542  NEW   CLEHE'a  JLSSISTANT. 

for  aparlqf  it  the  school  may  have  been  kept  by  a  Uacher  not  ptaU- 
/ted;1  and  dtuiiig  said  yegir,  and  since  iho  date  of  said  last  report, 
mch  school  ha?  been  kept  J>y  a  tesi-her,  ['j?-,  t  -achers.]  attor  obtijiuijX 
a  c-«Tli!icHtc;  [or,  coriificaiesj  j  of  qualiticauon  according  lo  law,  [insert 
ike  tone  faMjjrecisiort;]  that  tbe  anionnt  bf  money  Apportiotipd  it> 
our  district  by  the  Town  Superintendent  of  Common  Schools  during 
the  said  year  and  since  the  date  of  the  said  last  report,  except  library 
money,  is  [insert  the  whole  amount,  except  as  aforesaid,  though  re- 
ceived by  predecessors  in  office,  in  whole,  or  inpjart;]  and  that  the 
said  sum  has  been  applied  to  the  payment  of  the  compensation  ot 
teachers  employed  in  the  said  district,  and  licensed  as  the  statute  pre- 
scribes ;  [Jf  the  amount  has  not  been  erpended,  the  reason  shnnld 
he  particulorln  specified;']  that  the  amouni  of  library  mouey  received 
in  our  district  from  the  Toviii  Superintendent  of  Common  Schools 
during  said  year,  and  since  the  date  of  the  said  last  report,  is  [insert 
tlie  whole  amount,  thomjh  received  by  predecessors,  in  whole,  or  in 
.part;]  and  that  tht»  said  sum  was,  on  or  before  the  first  day  of  Octo- 
ber last,  applied  to  the  purchase  of  a  library  for  thi'  district  [?;%  '^ 
map  of  the.  State  of  New  York,  a  ten-estial  i^dobe,  a  bla<'k-board,  <fec., 
[giving  particulars^  in  piirsuance  of  a  vote  of  the  district  at  a  special 
meeting  called  and  held  according  to  law ;]  that  the  number  of  vol- 
umes belonging  to  the  district  library,  and  on  hand  on  the  liV?t  day  of 
Decemberlai*t,i3ri/?.'rfr;'  the  number;]  that  the  number  of  children 
taught  in  said  district  during  said  year,  and  since  the  last  report,  is 
[insert  the  same,  from  the  teacher's  list,  or  other  authentic  sources  ;] 
that  of  the  said  cliildren,  ten  attended  less  than  two  months  ;  eight, 
two  months  and  less  than  four  ;  four,  four  months,  and  less  than  six  ; 
seven,  six  months  and  less  than  eight ;  nine,  eight  months  and  less 
than  ten  ;  two,  ten  months  and  less  than  twelve ;  fourteen,  twelve 
months ;  and  that  the  nxmiber  of  children  residing  in  our  district  on 
the  last  day  of  December  last,  who  are  over  five  and  under  sixteen 
years  of  age,  is  [insert  the  number  in  the  district,  between  the  ages 
specified,  on  the  last  day  of  December:]  and  that  the  names  of  the 
parents,  and  other  persons,  with  whom  such  cliildren  respei.-tively  re- 
side, and  the  number  residing  with  each,  are  as  follows,  nz  : 

Parents,  dc.  iVb.  of  Children. 

Thomas  Jones, -.-5 

Richard  Hoe, 4 

[If  a  school  for  colored  children  has  been  taught  in  the  district, 
insert  the  following  :  That  the  number  of  colored  children  between 
tlie  ages  of  five  and  sixteen  years  attending  a  school  taught  in  our 
district  during  the  year  aforesaid,  by  a  licensed  teacher,  for  at  least 
four  months,  was  twenty-four,  of  whom  ten  reside  in  said  district ; 
five  attending  from  district  number  five ;  four  from  district  number 
seven ;  two  from  district  number  six ;  and  three  from  district  number 


SCHOOLS.  lis 

nini.'teen.  ;  tliat  the  whole  amount  of  public  money  received  from  the 
Town  Supenntendent  of  Common  Schools  of  otir  town  daring  the 
T.-'fii'  aforesjftd,  for  the  wa  of  sbLT  colored  schoQl,  was  $  ';  and 

thatnthe  baid  -'xm  has  be^u  applied  lu  the  compensation  of  the  teacher 
thereof-;  and  that  the  axuount  p?iid  to  such  teacher,  Over  and  abov« 
the  public  money  so  received,  was  $  .]* 

And  we  fm-ther  report,  that  our  school  has  been  visited  by  the 
Town  Superintendent  times,  duiing  the  year  preceding 

this  report  ;  and  that  the  sum  paid  for  teacher's  wages,  over  and 
above  the  pubUc  moneys  apportioned  to  said  district,  during  th« 
same  yoar,  amounts  to  8  :  [give  the  sum  total  of  ail  the 

•mcnc;/,  exdiisioe  of  public  moncj  raised  during  the  year  and  applied 
to  the  vai/meni  of  teachers'  wages  ;]  that  the  school  books  in  use  in 
said  ilihtricL  during  said  year,  are  the  following,  \iz  :  [give  the  titles 
of  all  the  text  books  it-<ed  during  the  year;'\  that  there  have  been 
private  or  select  schools,  not  incorporated,  taught  in  said 
dii^triot  during  the  year  aforesaid,  and  that  the  average  number  of 
pupils  in  attendance  therein,  was  [State  the  number  as  iiear 

"IS  can  ie  ascertained.]  Dated  at  ,  the  first  day  of  January,  [tfid* 
is  ihe  day   on   which  the   report   must  be   dated,'\    A.  D.   18     . 

^?'?'    ?- Trustees.  &c 
(fee,  dje.,  ^ 


§  977.  District  Report,  where  the  District  is  Formed  out  of  two  or 
more  Adjoining  Towns} 

To  the  Town  Superintendent  of  Common  Schools  of  the  Town  of      ; 

We,  the  Trustees  of  school  district  number  ,  formed  partly 

out  of  said  town,  and  partly  out  of  the  adjoining  town  of  ,  do, 

in  conformity  with  the  statutes  relating  to  common  schools,  certify 
and  report:  . 

That  the  school  house  in  said  district  is  situated  in  the  town  of         ; 
[or,on  the  line  of  the  towns  of  and  ;]  that  the 

whole  time  any  school,  (fee,  [05  in  the  preceding  form  to  the*,  sub- 
mbstifntin-g  Town  Superintendents  for  Town  Superintendent,  and 
Town  Superintendents  of  Common  Schools  of  said  towns  of 
and  ,for  Town  Superintendent  of  Common  Schools  of  our 

Town ;  and  inserting  the  name  of  the  town  in  which  the  districts  men- 
tioned are  situate,  in  that  j^art  of  the  form  relating  to  the  school  for 
colored  children;  and  then  continue  as  follows'^ 

And  we  do  further  specify  and  report,  that  of  the  said  sum  of 
money  so  as  above  stated  to  have  been  apportioned  to  our  district,  to 

1  The  report  shuuld  be  signed  in  duplicate,  and  one  copy  sent  to  the  Town  SuperintendeM 
•f  each  t*wn  out  of  whi«h  the  district  is  formed. 


S44  NEW  clerk's  assistant. 

be  applied  to  the  payment  of  teachers'  wages,  th«  sum  of  $ 
[insert  the  precise  amount,^  was  for  and  on  account  of  that  part  ol 
said  district  lying  in  said  town  of  ,  and  the  sum  of  ^  , 

for  and  on  account  of  the  other  part  thereof,  lying  and  being  in  said 
town  of  ;  that  of  the  said  sum  of  money,  so  as  above  stated 

to  have  been  received  in  our  said  district  for  the  purchase  of  a  district 
library,  the  sum  of  $  ,  [insert  the  precise  amoimt,^  was  re- 

ceived for  and  on  account  of  that  part  of  said  district  lying  in  said 
town  of  ,  and  the  sum  of  $  for  and  on  account  of 

the  other  part  thereof,  lying  and  being  in  the  said  town  of  ; 

that  of  the  said  children  as  above  stated  to  have  been  taught  in  our 
said  district,  the  number  belonging  to  that  part  of  said  distiict  lying 
in  said  town  of  ,  is  ;  and  that  the  number  belonging 

to  the  other  part  thereof,  lying  in  said  town  of  ,  is  ; 

that  of  the  said  children  between  the  said  ages  of  five  and  sixteen 
years,  so  as  above  stated  to  reside  in  our  district,  the  number  resid- 
ing in  that  part  of  said  district  lying  in  said  town  of  , 
is  ;  and  that  the  number  residing  in  the  other  part  thereof 
lying  in  said  town  of                     ,  is 

And  we  do  further  report,  that  our  school  has  been  inspected  by 
the  Town  Superintendents  of  the  towns  of  and  , 

once,  [or,  as  the  case  may  5e,];  and  by  the  Town  Superintendent  of 
the  town  of  ,  separately  ;  that  the  sum  paid 

for  teachers'  wages  in  said  district,  over  and  above  the  pubUc  money 
apportioned  to  said  district,  during  the  same  year,  amounts  to  $  , 
[insert  amount  of  money  raised,  as  in  §  976,]  of  which  dol- 

lars and  cents  were  paid  by  that  part  of  the  district  lying 

in  the  town  of  ,  and  dollars  and  cents  by 

that  part  lying  in  the  town  of  ;  that  the  school  books  in 

use  in  said  district,  &c.,  [as  in  §  976,  to  the  endJ] 

Dated  at  ,  this  first  day  of  January,  A.  D.  18 

2c.fe,  [Trustees,  &0. 


§  978.  Notice  for  Annual  Meeting} 

SCHOOL   DISTRICT    NOTICE. 

Notice  is  hereby  given,  that  the  annual  meeting  for  the  election 
of  officers  in  district  number  ,  in  the  town  of  ,  and 


'  Notices  of  annual  and  special  meetings  must  be  given  at  least  five  days  before  the  day 
•n  which  such  meetings  are  appointed  to  be  held  ;  if  the  meeting  is  to  be  on  Saturday,  tha 
:  before  the  previous  Monday.    In  the  case  of  annual  meetings,  or 

ive  been  adjourned  for  a  longer  time  t"^"   — ''   '' 

musi  uc  jjuBicu  U.V  111  at  icaSt  four  Dublic  places  in  the  district ;  but 
muRt  be  personally  served  on  each  inhabitant  liable  to  pay  tazei. 


BOtice  must  be  given  on  or 


notice   must   Ue   given    Ull  Ul    UCH'IC   mc   jJicTiuua  iiUMiuci^.       am   illti  \^a.aK^  \^\    ciiiiiuai  iii^^kjii^^,  W4 

special  meetings  which  have  been  adjourned  for  a  longer  time  than  one  month,  the  notic* 
must  be  posted  up  in  at  least  four  public  places  in  the  district;  but  notices  of  special  meeting! 
innat  hp.  nerRonallv  served  on  each  inhabitant  liable  to  oav  taxes. 


SCHOOLS.  545 

for  the  transaction  of  sucli  other  business  as  the  meeting  may  deem 
necessaiy,  will  be  held  at  the  school-house,  in  said  district,  on 
day,  the  day  of  instant,  [or,  next,]  at  six  o'clock,  P.  >L 

Dated,  ,  July  13,  1847. 

C.  D.,  District  Clerk. 


§  979.  Notice  fdr  Adjourned  District  Meeting. 

SCHOOL    DISTRICT    NOTICE. 

Notice  is  hereby  given,  that  a  meeting  of  the  freeholders  and 
inhabitants  of  school  district  number  ,  in  the  town  of  , 

authorized  by  law  t9  vote  therein,  will  be  held  at  the  school-house  in 
said  district,  on  the  day  of  next,  [or,  instant,]  at 

o'clock  in  the  noon,  pursuant  to  adjournment     Dated,  <kc., 

[as  in  §  978.] 


§  980.  Notice  for  Special  District  Meeting. 

To  the  Clerk  of  District  No.  : 

The  Trustees  of  District  number  ,  at  a  meeting  held  for  the 

purpose,  have  resolved  that  a  special  meeting  be  called  at  the  school- 
house,  on  day,  tlie  day  of  ,18  ,  at 
o'clock  in  the  noon  of  that  day,  for  the  purpose  of  choosing  a 
Collector  in  place  of  E.  F.  removed,  [or,  as  the  case  may  be,^  and 
for  the  transaction  of  such  other  business  as  the  meedng  may  deem 
necessary. 

You  will,  therefore,  notify  each  inhabitant  of  the  district  entitled 
to  vote  therein,  by  reading  this  notice  in  his  hearing,  or,  if  he  is  absent 
from  home,  by  leaving  a  copy  of  it,  or  so  much  as  relates  to  the  time 
and  place  of  meeting,  at  the  place  of  his  abode,  at  least  five  days 
before  such  meeting.     Dated,  &c.,  [as  in  §  961.] 


§  981.    District  Clerk's  Notice  of  Officers  Elected,  to  he  Forwarded 
to  the  Toion  Clerk  ivilhin  Ten  Days  after  the  Election. 

To  S.  T.,  ToAvn  Clerk  of  the  Town  of  : 

At  an  annual  [or,  specinl]  meeting  of  school  district  number         , 
in  said  town,  held  at  the  school-house  in  Sciid  district,  on  the 
day  of  ,  18       ,  the  following  persons  were  elected  to  th« 

respective  offices  hereinafter  named,  to  wit :  G.  H.,  Trustee,  to  serve 
for  three  years;  and  E.  R,  Trustee,  to  fill  the  vacancy  occasioned 
by  the  resignation  [or,  as  the  case  may  be]  of  R.  T. ;  and  C.  D., 


546 


NEW  clerk's  assistant. 


District  Clerk ;  0.  P.,  Collector ;  and  R  F.,  Librarian,  for  the  ensiling 
year.     Dated,  &c.,  [as  in  §  978.] 


I 


§   982.    Librarian's  Receipt,  to  be  Written  at  the  Foot  of  each 
Catalogue  of  Books. 
I,  C.  0.,  do  hereby  acknowledge,  that  the  books  specified  in  the 
preceding  catalogue,  have  been  delivered  to  me  by  the  Trustees  of 
school  district  number  ,  in  the  town  of  ,  to  be  safely  kept 

by  me,  as  Librarian  of  the  said  district,  for  the  use  of  the  inhabitants 
thereof,  according  to  the  regulations  prescribed  by  the  Superintendent 
of  Common  Schools,  and  to  be  accounted  for  by  me,  according  to  the 
said  regulations,  to  the  Trustees  of  the  said  district,  and  to  be  deliv- 
ered to  my  successor  in  office. 

Dated  ,  the         day  of  ,  18       . 

C.  0.,  Librarian. 


§983.   Trustees'  Certificate,  to  be  Annexed  to  a  Correct  Copy  of  the 
Catalogue  and  Librarian's  Receipt.  * 

We,  the  subscribers,  Trustees  of  school  district  number  , 

in  the  town  of  ,  do  certify,  that  the  preceding  is  a  full  and 

complete  copy  of  the  catalogue  of  books  in  the  hbraiy  of  the  said 
district,  now  in  possession  of  C.  0.,  the  Librarian  thereof,  and  of  his 
receipt  thereon. 

Given  under  our  hands,  this  day  of  ,18 

0    *  f^'    (■  Trustees,  &c. 


§  984.  Entry  required  to  he  Made  by  the  Librarian,^in  each  Book- 
belonging  to  the  District. 

No.  182,     This  book  belongs   to  the   library  of  school   district 
number        ,  in  the  town  of 


985.  Form  of  Keeping  Librarian's  Book. 


1       Time  of 
Delivery. 

Title  and  No.  of 
Book. 

TO  who™.        ^When  ^ 

Condition. 

1&15. 
June  10. 

History  of  France, 
44. 

■Jno.  Stilea.      20th  June. 

Good. 

'  The  cataloffue  bearing  tbe  Librarian's  receipt,  is  to  be  delivered  to  the  TrusteeSj  and  the 
topy  with  the  ccrtilicaie  of  the  Trustees,  is  to  be  given  to  the  Liorarian. 


SCHOOLS. 


347 


§  986.    Weekli/  Boll  to  be  kept  hy  Teacher ^ 
Attendance  of  Pupils  in  District  Scliool  of  District  No. 


Names   ot 
Pupils. 

1st  week. 

2d  week. 

3d  week. 

4th  week. 

5th  week. 

J.  Smith. 

6  days. 

4  days. 

5  days. 

6  days. 

5^  days. 

§  987.   Teacher's  Quarterly  List,  with  Verification. 
A  list  of  the  scholars  who  attended  the  district  school  of  district 
number  ,  in  the  town  of  ,  during  the  quarter  or  term 

commencing  the  day  of  ,  18     ,  and  the  number  of 

days  they  respectively  attended  the  same  : 


Time  of  entrance. 

Name  of  Scholar. 

No.  of  days'  attendance. 

Nov.  1,  1844. 
Dec.   1,     " 
Dec.  4,    " 

John  Thompson, 
Peter  Barker, 
James  Thomas, 

Seventy-eight,  (78)  days, 
Forty-three,      (43j     '• 
Forty,               (40)     " 

County,  ss: 
C.  R,  being  duly  sworn,  [or,  affirmed,]  deposes,  that  the  foregoing 
is  a  true  and  accurate  list  of  the  names  of  the  scholai's  who  attended 
the  district  school  of  chstrict  number  ,  in  the  town  of  , 

during  the  quarter  commencing  the  day  of  ,18       , 

and  the  number  of  days  they  respectively  attended. 

Sworn  [or,  affirmed]  to,  before  me,  )  C.  R,  Teacher, 

this  day  of  ,  18       .  [ 

G.  H.,  Justice  of  the  Peace." 


§  988.   Teacher's  Abstract,  to  he  Made  at  the  Und  of  each  Quarter, 
for  the  Use  of  the  Trustees. 
Abstract  of    the  attendances  of  scholars  at  the  district  school  of 
district  number  ,  in  the  town  of  ,  during  the  quarter 

commencing  the  day  of  ,18        : 

Of   scholars  who  attended  less  than  two  months,  there  were 
"  "  two    months,    and   less   than    four, 

"  "  four    months,  and     less   than    six, 

"  "  si.x  months,   and   less    than    eight, 

"  "  eight    months,  and   less  ■  than   ten, 

"  "  ten  months,  and  less  than  twelve, 

twelve  months, 
day  of  ,  18       . 

C.  F.,  Teacher. 

'  The  roll  is  lo  be  continued  as  many  weeks  as  there  are  in  the  quarter,  and  at  the  close 
thereof  the  attendance  of  each  pupil  summed  up,  and  entered  in  the  book  provided  by  the 
Trustees,  as  in  §  9S7.  This  roll  is  necessary  to  be  kept  under  what  is  commonly  called  tl.« 
'•  free  school  law,"  in  order  to  enable  the  Trustees  to  make  their  annual  report. 

'  The  alhdavt  may  be  taken  before  a  Justice  of  the  Peac«,  t^mmisBioner  of  Deeds,  Judg*; 
»f  a  Court  of  Record,  or  County  Clerk. 


Dated 


the 


548  NEW  clerk's  assistant. 

§  989.   TeacJier^s  Accovnt  of  Inspections,  to  be  ottered  in  the  Book 
Provided  by  the  Trustees,  with  the  Verification. 

Account  of  Inspections  of  the  School  in  District  No.  : 

November  1,  1841.  The  school  was  inspected  by  A.  B.,  Town 
Superintendent  of  Common  Schools. 

December  1,  1841.     The  school  was  inspected. 
County,  ss: 

C.  F.  being  duly  sworn,  \or,  affirmed,]  deposes,  that  the  foregomg 
is  a  true  account  of  the  days  on  which  the  school  in  District 
No.  ,  in  the  town  of  ,  was  visited  and  inspected  by  the 

Town  Superintendents  respectively,  during  the  quarter  commencing 
on  the  day  of  ,  18       . 

Sworn  [or,  affirmed]  and  subscribed,      \  C.  F.,  Teacher, 

this  day  of  ,  18     ,  before  me,  f 

G.  H.,  Justice  of  the  Peace. 


§  9'90.   Appointment  of  a  District  officer  to  fill  a  Vacancy,  by  the 

Trustees. 
Town  of  ,  ss: 

Whereas,  O.  P.  duly  elected  \or,  appointed]  to  the  office  of  Dis- 
trict Clerk  [or,  District  Collector;  or,  Librarian]  of  School  District 
No.  ,  in  said  town,  at  the  annual  [or,  a  special]  district  meet- 

ing held  in  said  district,  on  the  day  of  ,18,  has 

removed  from  said  district,  [or,  has  deceased  ;  or,  has  failed  to  exe- 
cute the  bond  required  by  law ;  or,  as  the  case  may  5e,]  by  reason 
whereof  the  said  office  has  become  vacant : 

Now,  therefore,  in  pursuance  of  the  authority  vested  in  us  by  the 
statutes  relating  to  common  schools,  we  do  hereby  appoint  M,  R,  a 
resident  of  said  district,  to  fill  the  vacancy  occasioned  by  the  death 
[or,  removal  :  or,  as  the  case  may  Je]  of  the  said  0.  P. 

Given  under  our  hands,  this  day  of  ,18 

G.  H.,      )      Trustees  of 
&c.,  tfec,  j  District  No. 


§  991.  Appointment  of  a  Trustee  to  fill  a  Vacancy. 

Tovm  of  ,  ss: 

Whereas,  G.  H.,  duly  elected  [or,  appointed]  to  the  office  of 
Trustee  of  School  District  No.  ,  in  said  town,  at  the  annual  [or, 

a  special]  district  meeting  held  in  said  district,  on  the  day 

of  ,18       ,  has  removed  from  said  district,  [or,  has  deceased ; 

or,  as  the  case  may  be,']  by  reason  whereof  the  said  office  has  become 
vacant : 

Now,  therefore,  in  pursuance  of  the  authority  vested  in  me  by  the 


SCHOOLS.  549 

statutes  relating  to  common  schools,  I  do  hereby  appoint  R.  F.  to  fill 
the  vacancy  occasioned  by  the  removal  \or,  death;  or,  as  the  case 
may  he\  of  the  said  G.  H.,  until  the  next  annual  meeting  in  said 
district 

Given  under  my  hand,  this  day  of  ,  18       . 

A-  B.,  Town  Superintendent  of  Common 
Schools  of  the  Town  of 


§  992.   Form   of  an   Appeal  to   the   State   Superintendent,   with 
Affidavit  Annexed. 

To  the  Hon.  C.  M.,  Superintendent  of  Common  Schools  of  the  State 
of  New  York : 

The  undersigned,  E.  F.,  a  taxable  inhabitant  and  legal  voter  in 
\or,  G.  H.,  L.  M.,  and  E.  F.,  the  Trustees  of  ;  or,  as  the  case  may  ie] 
school  district  number  ,  in  the  town  of  ,  in  the  county 

of  ,  respectfully  appeals  [or,  appeal]  to  you  from  the 

proceedings  \_or,  a  decision]  of  a  district  meeting  \state  whether 
sjiecial  or  annual]  held  in  and  for  said  district,  on  the  day 

of  ,  18      ,  [or,  from  a  decision  made  by  the  Trustees  of  said 

school  district,  on,  &c. ;  or,  as  the  case  may  be,]  as  follows,  to  wit : 
[State  the  proceedings,  decision,  or  act,  coinplaiaed  of,  yiving  dates, 
names,  and  details;  and,  if  necessary,  add  the  following:  And  the 
undersigned  states  \or,  state]  the  following  facts  and  circumstances 
in  support  of  the  said  appeal,  to  wit:  [State  the  reason  for  asking  a 
reversal  of  the  proceedings,  or  decision,  conrplained  of] 

[If  the  appeal  has  relation  to  the  formation,  or  alteration  of  a 
scJiool  district,  add  the  following:  And  the  undersigned  also  states 
[or,  state]  that  the  schedule  hereunto  annexed,  marked  "  Schedule 
A,"  is  a  correct  map,  exhibiting  the  site  of  the  school-house,  the 
roads,  the  old  and  new  Unes  of  districts,  the  different  lots,  and  the 
particular  location  and  distance  from  the  school-house  of  the  persons 
aggrieved  ;  [or,  if  there  are  two  or  more  school-houses  in  question,  say : 
and  the  particular  location  and  distance  from  the  school-houses  of 
the  persons  aggrieved,  and  their  relative  distance  therefrom;  that 
the  schedule  hereunto  annexed,  ttiarked  "  Schedule  B,"  is  a  coriect 
list  of  all  the  taxable  inhabitants  in  the  district  or  territory  to  be 
affected  by  the  proceeding  [or,  decision]  appealed  from,  and  the  val- 
uation of  the  property  taken  from  the  last  assessment  roll,  [or,  rolls, 
if  the  district,  or  districts,  lie  in  different  towns;]  and  that  "Schedule 
C,"  hereunto  annexed,  is  a  correct  list  of  the  number  of  cliildren 
between  five  and  sixteen  years  of  age  belonging  to  each  person,  vith 
the  districts  to  which  they  respectively  belong.] 

The  undersigned,  therefore,  respectfully  asks  [or,  ask]  for  a  rc\'crsul 


.1150  NKTf  clerk's  assistant. 

of  the  proceedings  [or,  decision]  appealed  from,  as  aforesaid  ;  [or, 
that  the  proceedings  appealed  from,  as  aforesaid,  be  annulled.] 
Dated  at  ,  the  day  of  ,  A.  D.  18 

G.  H.,  ) 
E.  F.,  [or,  L.  M.,  V  Trustees,  &;c.] 
E.  F.,  ) 
County,  ss  : 
E.  r*,  of  said  county,  being  duly  sworn,  [or,  affirmed,]  says  that 
he  has  read  [or,  heard  read]  the  foregoing  appeal  by  him  signed, 
and  that  the  facts  and  circumstances  therein  stated  and  set  forth,  are 
true,  to  the  best  of  his  knowledge,  information  and  belief* 

Sworn  [or,  affirmed]  to,  this         day  )  E.  F. 

of  ,  18     ,  before  me,      ) 

S.  T.,  Justice  of  the  Peace. 


I 


§  993.  Affidavit  of  Verification,  by  Trustees,  or  two  or  more  Ap< 
pellants} 

County,  ss  : 
G.  H.,  L.  M.,  and  E.  F.,  being  duly  sworn,  depose  and  say,  and 
each  for  himself  deposeth  and  saith,  that  he  has,  &c.,  [as  in  the  affi- 
davit io  8  992,  io  the  end.'X  G.  H. 

L.  M. 
E.  F. 


§  994.  Affidavit  of  Verification,  where  a   Trustee,  or  Appellant, 
has  not  signed  the  Appeal. 

County,  ss: 

G.  H.,  of  said  county,  being  duly  sworn,  says,  &c.,  [as  in  the  af- 
fidavit to  §  992,  to  the  *,  and^then  add:]  and  that  the  said  appealia 
not  signed  by  L.  M.,  one  of  the  Trustees  of  the  said  school  district 
number  ,  therein  mentioned,  for  the  reason  that  the  sjiid  L. 

M.  is  confined  to  his  bed  by  sickness,  and  has  been  so  confined  for 
the  space  of  days  last  past,  [or  as  the  case  may  be.'\ 

Sworn,  &c.,  [as  hi  §  992.] 

§  995.  Statement,  where  Parties  Concur  as  to  the  Facts. 

To  the  Hon.  C.  ]\I.,  Superintendent  of  Common  Schools  of  the  State 
of  New  York  : 
We  do  hereby  signify  our  concurrence  in  the  foUowmg  statement 
of  facts,  in  relation^ to  which  a  difference,  or  dispute,  has  arisen  be- 

'  i'thou^h  all  ihe  Trustees,  or  appellanls,  should  sign  the  appeal,  the  affidavit  may  be 
made  by  ene,  where  all  the  facts  stated  are  within  his  knowledge. 


SCHOOLS.  551 

tween  the  undersigned,  E.  R,  of  the  one  part,  and  the  undersigned, 
G.  H.,  L.  M.,  (fee,  Trustees,  <fee.,  [or,  as  the  case  may  i(?,]  of  the 
other  part,  to  wit  :  that,  tfec,  \liere  state  thefads^ 

The  point  [or,  points]  in  relation  to  which  the  aforesaid  difference, 
or  dispute,  has  arisen,  is  [state  the  i^oints  in  controversy,^  and  the 
same  is  [or,  are]  hereby  respectfully  submitted  to  your  decision. 
Dated  at  ,  the         day  of  ,18 

E.  F.,       ) 

G.  H.,      >  Trustees,  <fee. 

&c.,  &c., ) 


§  996.  Notice  to  be  served  with  Copy  of  tJte  Appeal,  <£c.' 

To  C.  D.,  District  Clerk  of  School  District  No.  ,  in  the  Town 

of  : 

You  will  take  notice,  that  the  within  is  a  copy  of  an  appeal  made 
by  the  undersigned,  to  the  Hon.  C.  M.,  Superintendent  of  Common 
Schools  of  the  State  of  New  York,  and  of  the  statements,  maps  and 
papers,  intended  to  be  presented  in  support  of  it 
Dated,  at  ,  the  day  of  ,18 

E.F. 


§  997.  Affi,davit  of  Service  of  Appeal, 

County,  ss: 

E.  F.,  of  said  county,  being  duly  sworn,  says,  that  on  the 
day  of  ,18       ,  he  personally  served  a  copy  of  the  annexed 

appeal,  and  of  the  statements,  maps  and  papers,  accompanying  the 
same,  upon  A.  B.,  Town  Superintendent,  &c.,  [or,  C.  D.,  District 
Clerk;  or,  G.  H.,  one  of  the  Trustees,  &c.,]  by  delivering  the  same 
to  him,  [or,  by  leaving  the  same  at  his  dwelling-house,  with  a  person 
arrived  at  years  of  discretion  having  charge  thereof ;  the  said  A.  B. 
being  absent  from  his  place  of  residence.] 

Sworn,  (fee,  [as  in  §  992.]  E.  ¥. 


§  998.  Admission  of  Service. 

I  hereby  admit  due  service  of  a  copy  of  the  within  appeal,  state- 
ments, maps  and  papers,  this         day  of  ,18 

A.  B.,  Town  Superintendent 

'  The  above  notice  should  be  directed  to  the  District  Clerk,  or  to  the  Trustees,  where  the 
appeal  is  made  from  the  proceedings  or  decision  of  a  district  meeting;  in  other  cases,  it 
should  be  directed  to  the  officers,  or  officer,  whose  act  is  appealed  from. 


A52  Ksiv  clerk's  assistant. 

§  999.  Form  of  Aiiswer  to  Appeal. 

To  the  Hon.  C.  M.,  Superintendent  of  Common  Schools  of  the  State 

of  New  York : 

The  answer  of  A.  B.,  Town  Superintendent  of  the  town  of  , 

[or,  of  G.  H.,  L.  M.,  and  E.  F.,  Trustees  of  school  district  number 

,  in  the  town  of  ;  or,  as  the  case  may  be,"]  in  said  county, 

to  the  appeal  of  E.  F.,  of  the  said  town,  [or,  as  the  case  may  ie,] 

respectfully  showeth : 

That,  (fee,  [State  the  facts  and  circumstances  relied  on  to  support 
the  jivoceedings  or  decision  appealed  from,  and  if  there  are  any  state- 
ments, maps,  or  papers,  to  be  annexed,  r^er  to  them  as  Schedule  A, 
Schedule  B,  d'c,  as  in  §  992.] 

The  undersigned,  therefore,  respectfully  asks,  [or,  ask,]  that  the 
said  proceedings  [or,  decision]  appealed  from,  as  aforesaid,  may  be 
sustained. 

Dated  at  ,  the  day  of  ,  18       .^ 

A.  B.,  Town  Superintendent  of  Common 
Schools  of  the  Town  of 


'  The  forms  of  affidavits,  nclice  a-acJ  pdminsion,  hrr«<ofore  given  to  accompany  an  appeal, 
maybe  used  for  an  answer,  by  nemly  rubetitnxng,  •'«o»w#r"  for  "appeal»wlierever  i: 
occurs. 


CHAPTER   XXXIX. 

SERVICE  AND  RETURN  OF  PROCESS 
IN  JUSTICES'  COURTS. 

PRACTICAL     REMARKS. 


1.  A  long  summons  must  be  served  at  least  six  days,  and  a  skon 
summons  at  least  two  days,  before  the  time  of  appearance  mentioned 
therem,  by  reading  the  same  to  the  defendant,  and,  if  requii-ed,  by 
delivering  him  a,  copy.  If  the  defendant  cannot  be  found,  the  service 
must  be  made  by  leaving  a  copy  of  the  summons  at  the  defendant's 
last  place  of  abode,  in  the  presence  of  some  one  of  the  family,  of  suit- 
able age  and  discretion,  who  must  be  informed  of  its  contents.  In 
computing  the  days,  'one  day  must  be  excluded,  and  the  other  in- 
cluded ;  so  that  a  long  summons  returnable  on  the  eighth  day  of  the 
month,  must  be  served  as  early  as  the  second.' 

2.  The  Constable  serving  a  summons  must  return  thereupon,  in 
"writing,  the  time  and  manner  of  service,  and  sign  his  name  thereto. 
Tlie  return  is  conclusive  upon  the  defendant,  so  far  as  the  proceedings 
in  that  suit  are  concerned.' 

3.  A  warrant  is  to  be  served  by  arresting  the  defendant  and  bring- 
ing him  before  the  Justice  who  issued  it ;  or,  if  he  be  absent,  or  una- 
ble to  hear  and  try  the  cause,  before  the  next  Justice  of  the  city  or 
town.^ 

4.  No  civil  process  can  be  served  on  Sunday,  nor  can  it  be  served, 
in  any  city  or  town  of  this  State,  on  an  elector  entitled  to  vote  therein, 
on  the  day  of  any  general  or  special  election,  or  town  meeting.'' 

5.  A  long  attachment  is  to  be  executed  at  least  sLx  days,  and  a 
short  attachment  at  least  two  days,  before  the  time  of  appearance 


1  2R.  S.  (3ded.,)327,  §16;  15  Johnson,  196; 
10  \Veiulell,4'22. 

2  2  R,  S.  (3d  ed..)  327.  ^  17;  14  Johnson,  481; 
2  Cowen,  218;  3  Wendell,  202;  17  Id.,  51. 

»  2  R.  S.  (3d  ed.,)  3:i3,  §  22 ;  9  Cowen,  71. 


*  1  R.  S.  (3ded.,)  390,518;  Id.,  S49,  §65; 
Laws  of  1&42,  chap.  130,  tille  \^^A,  5 ;  3  Johti- 
Eon,2.37;  12  Id.,  178;  15  Id.,  177;  \  Cowen,  7i 
8  Id.,  27 ;  12  Wendell,  59. 


554  KEW  clerk's  assistant. 

mentioned  therein.     The  oflicer  taking  property  on  an  attachment  is 

liable  for  its  safe  keeping,  and  is  bound  to  provide  some  suitable  place 
for  the  purpose.  He  is  also  required  to  serve  a  copy  of  the  attach- 
ment and  mventory  on  the  defendant  personally,  if  he  can  be  found, 
and  if  not,  to  leave  the  same  at  his  place  of  residence.  Where  the 
defendant  has  no  residence  in  the  county,  the  copy  and  inventory  are 
to  be  left  Avith  the  person  in  whose  possession  the  goods  are  found. 
Where  a  bond  is  given  to  the  officer,  the  goods  taken  cannot  be  re- 
moved.' 

6.  On  receiA-ing  an  execution,  it  is  the  duty  of  the  Constable  to 
levy  upon  any  property  of  the  defendant  liable  to  be  taken,  within  a 
reasonable  time.  In  order  to  constitute  a  levy,  the  property  must  be 
taken  into  the  actual  or  constructive  possession  of  the  Constable." 

7.  The  following  property,  when  owned  by  a  householder,  is  exempt 
from  levy  and  sale  on  execution,  viz :  All  spinning  wheels,  weaving 
looms  and  stoves,  put  up  or  kept  up  for  use  by  the  family ;  the  family 
Bible,  family  pictures  and  school  books,  used  by  or  in  the'  family  of 
such  person ;  all  books,  not  exceeding  fifty  dollars  in  value,  kept  and 
used  as  part  of  the  family  hbrary ;  a  seat  or  pew  occupied  by  such 
person  or  his  family,  in  any  house  or  place  of  public  worship;  all 
sheep,  to  the  number  of  ten,  with  their  fleeces,  and  the  yarn  or  cloth 
manufactured  from  the  same;  one  cow,  and  two  swine,  and  the  ne- 
cessary food  for  them ;  all  necessary  pork,  beef,  fish,  flour,  and  vege- 
tables, actually  provided  for  family  use,  and  necessary  fuel  for  the 
use  of  the  family  for  sixty  days ;  all  necessary  weaiing  apparel,  beds, 
bedsteads  and  bedding,  for  such  person  and  his  family ;  the  arms  and 
accoutrements  required  by  law  to  be  kept  by  such  person ;  necessary 
cooking  utensils;  one  table;  six  chairs;  six  knives  and  forks;  six 
plates ;  six  tea-cups  and  saucers ;  one  sugar  dish ;  one  milk  pot ;  one 
cream  pot;  six  spoons;  one  crane  and  its  appendages;  one  pair  of 
andirons ;  one  shovel  and  tongs ;  and  the  tools  and  implements  of  a 
mechanic,  necessary  to  the  carrying  on  of  his  trade,  not  exceeding 
twenty-five  dollars  in  value.  In  addition  to  the  above,  necessary 
household  furniture  and  working  tools  and  team  owned  by  any  per- 
son being  a  householder,  or  having  a  family  for  which  he  provides, 
to  the  value  of  not  exceeding  one  hundred  and  fifty  dollars,  are  ex- 
empt from  levy  and  sale  on  execution.  The  defendant  cannot,  how- 
ever, avail  himself  of  this  last  exemption,  against  an  execution  issued 
upon  any  demand  for  the  purchase  money  of  such  furniture,  or  tools, 
or  team,  or  any  of  the  other  articles  above  enumerated.' 

8.  The  exemption  act  of  1842  does  not  operate  retrospectively,  ao 


•  2R.  S.  (3d  ed.,)  329,  §  32;  Laws  of  1.S31,  I  s  o  R.  S.  (3d  ed.,)  464,  §  23  ;  Laws  of  1S42, 
chap.  SOU;   6  Johnson,  9 ;  20  Wendell,  233.        chap.    157;  14  Johnson,   434;  18  Id.,  400;  1 

'  2R.  S.  (3ded.,)347,  M48;  2  Covven,421  ;  Cowen,  114  ;  3  Wendell,  274  ;  11  Id.,  44  ;  15 
3  Wendell,  446;  10  Id.,  349;  11  Id.,  548;  14  Id.,  I  Id..  571;  19  Id.,  475;  21  Id.,  68  ;  25  Id.,  370; 
123 ;  19  Id.,  495 ;  23  Id.,  466,  492 ;  2  Hill,  666.   j  3  Hill.  469 ;  5  Id.,  334. 


SERVICE    AND    RETURN    OF    PROCESS,  3tS& 

as  to  afiFect  pre-existing  contracts.  Tlie  question  as  to  tlie  necessity 
of  the  articles  thereby  exempted,  is  one  of  fact  for  the  jury  to  de- 
termine, and  not  one  of  law.^ 

9.  The  lot  and  buildings  thereon,  occupied  as  a  residence  and 
owned  by  a  debtor,  being  a  householder  and  having  a  family,  ■wUl  be 
exempt  from  sale  on  execution,  for  debts  contracted  subsequent  to 
the  1st  of  January,  1851,  to  the  value  of  one  thousand  dollars,  pro- 
vided a  description  of  the  premises  be  recorded  as  required  by 
law.     (See  Chapter  xxiv.)'' 

10.  The  interest  of  a  mortgagor  of  personal  property  before  for- 
feiture, "where  he  has  not  a  right  of  possession  for  a  definite  period, 
is  but  a  right  of  redemption,  which  is  not  the  subject  of  levy  and 
sale  on  execution." 

11  A  Constable  is  protected  in  the  execution  of, process,  provided 
it  appear  regular  on  its  face.* 

1 2.  The  party  justifying  the  taking  of  property  under  legal  pro- 
cess, must  show  he  was  an  officer,  and  had  lawful  authority  to  take 
property.'' 

1 3.  A  levy  upon  the  property  of  the  defendant  is  a  satisfaction  of 
the  judgment,  except  the  same  be  abandoned  upon  his  request,  or 
where  he  has  not  paid  the  debt,  or  been  deprived  of  his  property.* 

14.  Where  different  articles  are  taken  on  an  execution,  subject  to 
a  chattel  mortgage,  they  ought  all  to  be  sold  together.'' 

15.  Property  pledged  may  be  takgn  on  execution  and  sold  ;  but 
after  the  sale,  it  must  be  returned  to  the  pledgee  till  the  purchaser 
at  the  sale  redeems.* 

16.  Where  the  defendant  sues  for  property  taken  on  an  execution 
against  him,  and  recovers,  the  original  judgment  is  not  satisfied.* 


FORMS. 


§  1000.  Return  to  Summons  Personally  Served. 

Personally  ser\'ed,  July  10,  1847,  \^add,  if  necessary :  and  copy  left 
with  defendant,  at  his  request]     Fees,  twelve  and  a  half  cents. 

H.  C,  Constable. 


■  6  Hill,  442;  1  Denio,  128,462;  3  Id.,  594; 
I  Comsiock,  1'29. 

2  Laws  of  18.30.  chap.  200. 

3  1  Comstock.  2'jry. 
4r,\Vemlell,  1/0  ;  6  Hill,  311. 
»  2  Comsiock,  1 15. 


0  12  Johnson,  207  :  4  Cowen,  417  ;  7  M.,  13 ; 
23  Wendell,  490 ;  2  Hill,  329 ;  2  Comstock,  451. 

T  4  Denio,  171. 

82  R.  S.  (3d  ed..)  464,  §  21  ;   8  WendeU, 
339;   23  Id.,  653;  24  Id.,  117;  6  mil,  484, 
1  Comstock,  129. 
I      1 4  Denio,  165. 


666  NEW  clerk's  assistant. 

§  1001.  Meturn  to  Summons  Served  hy  Copy. 

Served  by  copy,  defendant  not  bemg  found,  July  10,  ]  847.    Fees, 
twenty-five  cents.  H.  C,  Constable. 


§  1002.   Return  where  one  or  more  of  several  Defendants  are  not 

Found. 
Personally  served  on  A.  B.,  one  of  the  defendants  within  named, 
July  10,  1847;  and  C.  D.  and  E.  F.,  two  of  the  defendants  within 
named,  were  not  found,  and  I  have  been  imable  to  ascertain  their 
last  place  of  abode  in  the  coxuity.     Fees,  thirty-one  cents. 

H.  C,  Constable. 


§  1003.  Return  where  no  Person  of  Suitable  Age  is  Fovfnd  at  the 
last  Place  of  Abode  of  the  Defendant. 

The  within  named  defendant  was  not  found,  nor  any  person  of 
suitable  age  or  discretion  to  be  informed  of  the  contents  of  the  within 
summons,  at  his  last  place  of  abode. 

July  10, 1847.  H.  C,  Constable. 


§  1004.  Return  to  Warrant. 

The  defendant  arrested,  and  before  the  court  in  custody;  plaintiff 
notified,  \or,  not  notified.] 

July  10,  1847.  H.  C,  Constable. 


§  1005.  Return  to  Warrant  where  one  or  more  of  the  Defendants 
are  not  Found. 

The  within  named  defendant,  A.  B.,  arrested,  and  before  the  court, 
in  custody;  C.  D.  and  E.  F.,  the  other  defendants  within  named,  not 
found  ;  plaintiff  notified,  [or,  not  notified.] 

July  10,  1847.  H.  C,  Constable. 


§  1006.  Return  to  an  Attachment. 

By  \nrtue  of  the  within  attachment,  I  attached  and  took  into  my 
custody  the  goods  and  chattels  of  the  defendant,  mentioned  in  an 
inventory,  of  which  the  annexed  is  a  copy,  on  the  10th  day  of  July, 
1847  ;  and  immediately,  on  the  same  day,  I  made  an  inventoiy  of  the 
property  seized,  and  served  a  copy  of  said  attachment  and  inventory, 


SERVICE  AND  RETURN  OF  PROCESS.  557 

duly  certified  by  me,  on  the  defendant  personally ;  [or,  I  made  an 
inventory  of  the  property  seized,  and  because  tlie  defendant  could  not 
be  found  in  the  county  of  ,  I  left  a  copy  of  said  attachment 

and  inventory,  duly  certified  by  me,  at  the  last  place  of  residence 
of  the  said  defendant;  or,  with  E.  F.,  in  whose  possession  I  found 
the  said  goods  and  chattels,  the  said  defendant  having  no  place  of 
residence  in  the  said  coimty  of  .] 

July  10,  1847.  H.  C,  Constable. 


§  1007.  Return  to  an,  Attachment  where  Bond  is  Given. 

By  virtue,  &c. ;  \_as  in  §  1006,  to  the  end,  and  then  add :  ]  but  the 
said  goods  and  chattels  were  deUvered  up  to  C.  D.,  the  defendant, 
r  or,  to  E.  F.,]  upon  receiving  the  bond  herewith  returned. 

Julv  10,  1847.  H.  C,  Constable. 


§  1008.   Copy  of  the  Inventory. 

Copy  of  an  inventory  of  property  this  day  seized  by  me,  by  vir- 
t^le  of  the  within  [or,  annexed]  attachment,  viz:  [enumerate  the 
articles^ 

July  10,  1847.  H.  C,  Constable. 


§  1009.  Bond  to  Prevent  the  Removal  of  Goods  Attached} 

Know  all  rnen  hj  these  presents :  That  we,  C.  D.  and  E.  F.,  of 
,  in  the  county  of  ,  are  held  and  firmly  bound  unto 

H.  C,  in  the  sum  of  dollars,  to  be  paid  to  the  said  H.  C, 

or  to  his  certain  attorney,  executors,  administrators,  or  assigns;  to 
which  payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
and  each  of  our  heirs,  executors  and  administrators,  jointly  and  seve- 
rally, firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  the  day  of  ,18.* 

The  condition  of  this  obligation  is  such,  that  if  certain  goods  and 
chattels,  to  wit :  \iiame  the  articles,']  which  have  been  seized  by  the 
above  named  H.  C,  a  Constable  of  the  town  of  ,  in  the 

county  of  ,  by  virtue  of  an  attachment  issued  by  G.  II., 

Esq.,  a  Justice  of  the  Peace  of  said  county,  in  favor  of  A.  B.,  againsi 
the  above  boimden  C.  D.,  shall  be  produced  to  satisfy  any  execution 
that  may  be  issued  upon  any  judgment  which  shall  be  obtained  by 

'  The  penally  of  the  bond  should  be  double  the  sura  •  worn  to  by  the  plaintiff  on  hia  appli- 
cation for  rhe  attachment. 


5S8  NEW  clerk's  assistant. 

the  plaintiff  upon  tlie  said  attachment,  witliin  six  montlis  after  the 
date  hereof,  then  this  obligation  to  be  void ;  else  of  force. 
Sealed  and  dehvered,  )  '  _ 

in  presence  of  4  ^- ^-   l^  ^'i 

R  F. 
I  approve  of  E.  F.  as  surety  in  the  foregoing  bond. 

Dated  the         day  of  ,  18     .  H.  C,  Constable, 


§  1010.  Bond  by  Claimant  of  Property  Attached. 

Know  all  men  by  these  presents :  That  we,  L.  M.,  E.  F.,  and  S. 
T.,  of,  &c.,  are  held  and  firmly  bound  unto  A.  B.,  &c.,  [a*  in  §  1009, 
to  the  *,  and  then  add:'[  Whereas,  certain  goods,  to  wit :  \iiame  the 
article s,~\  were,  on  this  day  of  ,  18     ,  seized  by  H. 

C,  Constable,  by  virtue  of  an  attachment  issued  by  G.  H.,  Esquire, 
a  Justice  of  the  Peace  of  the  county  of  ,  in  favor  of  the 

above  named  A.  B.,  against  C.  D. ;  and  whereas,  the  above  bounden 
L.  M.  claims  the  said  goods  as  his  property :  Now,  therefore,  the  con- 
dition of  this  obligation  is  such,  that  if,  in  a  siut  to  be  brought  on  this 
obligation  witliin  three  months  from  the  date  hereof,  the  said  L.  M. 
shall  establish  that  he  was  the  owner  of  the  said  goods  at  the  time  of 
the  said  seizure ;  and  in  case  of  Lis  failure  so  to  do,  if  the  said  L.  M., 
shall  pay  the  value  of  the  said  goods  and  chattels,  with  interest,  then 
tliis  obligation  to  be  void  ;  else  of  force. 

Sealed,  &c.,  [as  in  §  1009.]  L.  M.  [l.  s. 

E.  F.   [l.  6. 
S.  T.   [l.  8.; 
I  approve  of  the  sureties  in  the  foregoing  bond 

Dated  the  day  of  ,  18       . 

H.  C,  Constable,  [or,  G.  H.,  Justice.] 


§  1011.    Indorsement  of  Levy  on  an  Execution. 

July  10,  1847.     The  within  execution  levied  on  two  cows,  the 
property  of  the  defendant  H.  C,  Constable. 


§  1012.  Indorsement  on  Execution,  where  Inventory  is  Attached. 

July  10,  1845.     The  within  execution  levied  on  the  goods  and 
chattels  of  the  defendant  mentioned  in  the  annexed  inventory. 

H.  C,  Constable. 

1  The  penalty  of  this  bond  should  be  double  the  value  of  the  property  attached.  The  bond 
is  to  be  executed  to  the  plaintiff,  instead  of  the  Constable,  and  may  be  approved  by  the  latter, 
K  by  the  Justice. 


I 


SERVICE    AND   RETURN   OF   PROCESS.  559 

§  1013.  Inventory  to  he  Attacked  to  Execution. 

An  inventory  of  go6ds  and  chattels  tliis  day  levied  upon,  and  taken 
into  my  custody,  by  virtue  of  the  annexed  execution,  ^^z : 

Two  cows,  One  lumber  wagon, 

Fifty  bushels  of  oats.  One  bedstead, 

&c.,  &c. 
Dated  the  day  of  ,  18       ► 

H.  C,  Constable. 


§  1014.  Bond  to  Indemnify  Constable} 

Know  all  men  by  these  presents:  That  we,  A.  B.  and  E.  F.,  &c., 
\as  in  §  1009,  to  the  *,  and  then  add ;]  Whereas,  the  said  H.  C,  as 
a  Constable  of  the  county  of  ,  by  virtue  of  a  certain  execu- 

tion issued  by  G.  H.,  Esq.,  one  of  the  Justices  of  the  Peace  of  said 
county,  against  C.  D.,  in  favor  of  the  said  A.  B.,  for  dollars 

damages,  and  dollars  costs,  has  seized  [or,  is  about  to  seize] 

one  lumber  wagon,  and  one  set  of  double  harness,  now  or  lately  in 
possession  of  the  said  C.  D.,  with  intent  to  sell  the  same,  in  order 
to  satisfy  the  said  execution :  Now,  therefore,  the  condition  of  this 
obligation  is  such,  that  if  the  above  bovmden  A.  B.  shall,  at  all  times, 
and  forever  hereafter,  keep  the  said  H.  C.  harmless  and  indemnified, 
of,  from  and  against,  all  damages,  costs,  charges,  trouble  and  expense, 
of  what  nature  soever,  which  he  may  be  put  to,  sustain,  or  suffer, 
by  reason  of  such  levy  and  sale,  or  either,  then  this  obligation  to  be 
void  ;  else  of  force. 

Sealed,  &c.,  \as  in  8  1009.1  A.  B. 

E.  F. 


[L.8.] 


§  1015.  Beceipt  of  Goods  Taken  on  Execution. 

Justices*  Court, 
A.  B.  1 

against  > 

CD.  ) 

Execution  issued  by  G.  H.,  Esq.,  one  of  the  Justices  of  the  Peace 

of  the  county  of  ,  for  $26  02 

Constable's  fees  for  collecting,  2  25 

Amount,  $28  27 

By  virtue  of  the  above  described  execution,  H.  C,  one  of  the 
Constables  of  said  county  of  ,  has  levied  upon  the  following 

'  This  bond  will  be  valid,  where  there  is  any  doubt  as  to  the  title  of  property,  but  not 
where  the  constable  is  aware  that  he  is  a  trespasser. 


560  NEW  clerk's  assistant. 

goods  and  chattels,  the  property  of  the  said  C.  D.,  viz :  \^enumerate 
the  articles  taken.^ 

July  10,  1847.  Received  of  H.  C,  Constable,  as  aforesaid,  the 
goods  and  chattels  above  mentioned,  which  I  promise  to  deliver  to 
him,  at  any  time  When  he  shall  demand  the  same,  at  the  dwelUng- 
house  of  the  above  defendant,  C.  D.,  in  the  town  of  ,  in  the 

said  county ;  or,  in  default  thereof,  I  do  hereby  agree  with  the  said 
H.  C,  to  pay  him  the  amount  of  the  judgment  above  described,  to- 
gether with  the  fees  for  the  collection  thereof,  as  above  specified. 

E.  F. 


§  1016.    Constable's  Advertisement  of  Sale} 

By  virtue  of  an  execution,  [or,  of  several  executions,]  I  have  seized 
md  taken  one  himber  wagon  and  one  .set  of  double  harness,  the 
property  of  C.  D.,  which  I  shall  expose  to  sale  at  public  vendue,  to 
the  highest  bidder,  on  the  day  of  instant,  [or,  next,]  at 

o'clock  in  the  noon,  at  the  house  of  R.  P.,  in  the  to^vn 

of  .  H.  C,  Constable. 


§  1017,   Return  to  an  Execution  Satisfied. 

The  amount  of  the  within  execution  levied  of  the  goods  and  chat- 
tels of  the  defendant  therein  named. 

July  10,  1847.  H.  C,  Constable. 


§  1018.  Return  to  Execution,  Satisfied  in  Part. 

The  within  execution  satisfied  in  part,  to  wit :  for  the  sum  of 
dollars  ;  and  no  goods  or  chattels  of  the  defendant  found  whereof  the 
residue  could  be  made. 

July  10,  1847,  H.  C,  Constable. 

§  1019.  Return  where  Defendant  is  Committed. 

No  goods  or  chattels  of  the  within  named  C,  D.  found,  and  liis 
jody  taken  and  convej^ed  to  the  common  jail  of  the  county. 
July  10,  1847,  H.  C,  Constable. 

§  1020.  Return  of  no  Property  found. 

No  goods  or  chattels  of  the  witliin  named  C.  D.  could  be  found. 
July  10,  1847.  H.  C,  Constable. 


'  The  notice  must  be  posted  up  in  tluree  public  places  in  the  town  where  the  sale  is  to  bo 
held,  fire  days  previous  thereto. 


SERVICE  AND  RETURN  OP  PROCESS.  561 

§  1021.  Return  where  no  Property,  nor  the  Body  of  the  Defendant, 
is  Found. 
No  goods  or  chattels,  nor  the  body  of  the  withia  named  C.  D., 
«ould  be  found. 

July  10,  1847.  H,  C.  Constable. 


§  1022.  Return  of  Fart  Satisfied,  and  no  Body  Found. 

The  within  execution  satisfied  in  part,  to  wit  :  for  the  sum  of 
dollars,  and  no  more  goods  or  chattels,  nor  the  body  of  the  within 
named  C.  D.,  could  be  foxmd. 

July  10,  1847.  H.  C,  Constable. 


§  1023.  Return  where  Goods  remain  Unsold. 

Levied  on  a  lumber  wagon,  the  property  of  the  within  named  C. 
D.,  which  remains  in  my  possession,  xmsold,  for  want  of  bidders. 
July  10,  1847.  H.  C,  Constable. 

36 


CHAPTER  XL. 
STEAYS. 

PRACTICAL      REMARKS. 

1.  Whenever  any  person,  at  any  time,  has  any  strayed  horse  upon  his 
inclosed  land, — or,  between  the  first  day  of  November  in  any  year, 
and  the  lirst  day  of  April  thereafter,  has  any  strayed  neat  cattle  or 
sheep  upon  his  inclosed  lands, — he  may,  within  ten  days  after  the 
coming  of  any  such  stray  thereon,  deliver  to  the  Clerk  of  the  town 
within  wliich  such  lands  shall  be,  a  note  in  writing,  contmning  the 
name  and  place  of  abode  of  such  person,  and  the  age,  color  and 
marks,  natural  and  artificial,  of  each  stray,  as  near  as  may  be.  If  this 
notice  is  not  deJivered,  no  compensation  can  be  recovered  for  keeping 
any  strays. 

2.  It  is  the  duty  of  the  Town  Clerk  to  enter  every  such  note  in  a 
book,  which  is  to  be  kept  open  for  inspection  free  of  charge.  The 
fees  of  the  Clerk  for  the  entry  are  to  be  paid  by  the  person  pre- 
senting the  note. 

3.  The  person  delivering  the  note  will  be  entitled  to  receive  there- 
for nine  cents  each,  for  all  neat  cattle  and  horses,  and  three  cents  for 
each  sheep  described  therein ;  and  he  may  detain  such  strays,  until 
such  fees,  and  the  fees  of  the  Clerk,  and  all  reasonable  charges  of 
keeping,  be  paid.  The  charges  of  keeping  strays  are  to  be  ascer- 
tamed  by  the  fence-\newers  of  the  town,  as  mentioned  in  the  former 
part  of  this  work.  (See  Chapter  xix.) 

4.  If  no  owner  appear  to  claim  any  stray,  on  or  before  the  first 
day  of  May  next,  after  the  making  of  the  entry  as  above  prescribed, 
or  if  the  owner  refuse,  or  neglect,  to  pay  the  fees  and  charges,  the 
person  who  dehvered  the  note  and  kept  the  stray,  may  proceed  to  sell 
the  same  by  pubUc  auction  to  the  highest  bidder;  notice  of  which 
sale  must  be  posted  up  in  three  pubUc  places  in  the  town  where  the 
strays  shall  have  been  kept,  at  least  twenty  days  previous  thereto. 
Out  of  the  moneys  arising  from  the  sale,  the  person  making  the  same 
may  retain  the  fees  and  charges  above  mentioned,  and  the  like  charge* 


STRATS.  563 

for  the  sale  as  are  allowed  to  Constables  on  sales  under  executions 
issued  out  of  Justices'  Courts.  The  residue  of  tlie  money  must  be 
paid  to  tlie  owner  of  the  strays,  if  he  demands  the  same ;  if  not  de- 
manded within  one  year  of  the  sale,  he  will  be  precluded  from  recov- 
ering such  residue,  and  the  same  is  to  be  paid  to  the  Supervisor,  for 
the  use  of  the  town,  within  thirty  days  after  the  expiration  of  the 
year.^ 


FORMS. 

§  1024.  Notice  to  he  Delivered  to  Town  Cleric  hy  Person  Keeping 

Strays. 
To  C.  D.,  Town  Clerk  of  the  town  of  : 

You  will  take  notice,  that  on  or  about  the  day  of  , 

18  ,  one  chestnut  horse,  of  the  age  of  seven  years,  or  thereabouts, 
and  marked  with  a  star  in  his  forehead,  strayed  upon  my  inclosed 
land  in  the  town  of  ,  and  now  remains  thereupon;  and  that 

I  reside  in  the  said  town  of 

Dated  the  day  of  ,  IS     .  A.  B. 


§  1025.  Notice  of  Sale  where  Stray  is  not  Redeemed. 

PUBLIC    KOTICE. 

By  virtue  of  the  statute  in  such  case  made  and  pronded,  I  shall 
expose  to  sale  at  public  auction,  to  the  highest  bidder,  on  the 
day  of  instant,  [or,  next,]  at  o'clock  in  the 

noon,  at  the  house  of  R.  F.,  in  ,  one  chestnut  horse  of  the 

nge  of  seven  years,  or  thereabouts,  and  marked  with  a  star  in  his  fore- 
head, the  same  being  a  stray  found  upon  my  inclosed  land  in  the 
town  of  ,  and  remsiining  unredeemed  according  to  law. 

Dated  the  day  of  ,  18     .  A.  B. 


§  1026.  Receipt  of  Supervisor. 

Received  of  A.  B.,  dollars  and  cents,  being  the  pro- 

ceeds of  the  sale  of  a  stray  chestnut  horse,  after  deducting  therefrom 
the  expenses  of  keeping  and  the  sale  thereof, — said  horse  having  been 
advertised  and  sold  at  public  auction,  by  the  said  A.  B.,  as  a  stray, 
according  to  the  statute,  on  the  day  of  18     . 

Dated  ,  the  ,  day  of  ,  18     . 

L.  M.,  Supervisor  of  the  town  of 

"  1  R.  S.  (3d  ed,  )  401,  §  17,  et  seq. 


I 


CHAPTER  XLL 
SUPERYISOES. 

PRACTICAL     REMARKS. 

1.  Supervisors  are  chosen  annually,  by  ballot,  at  the  town  meet- 
ings held  in  their  respective  towns.  If  the  office  at  any  time  be 
vacant,  it  may  be  filled  by  a  special  town  meeting,  which  it  is  the 
duty  of  the  Town  Clerk  to  call  within  eight  days  after  the  happening 
of  the  vacancy.  If  the  vacancy  is  not  supplied  by  the  electors,  the 
Justices  of  the  Peace  of  the  town  may  fill  it.^ 

2.  It  is  the  duty  of  a  person  elected  or  appointed  to  the  ofiSce 
of  Supervisor,  witliin  ten  days  after  receiving  notice  of  his  election 
or  appointment,  to  take  and  subscribe  the  oath  of  office,  before 
some  Justice  of  the  Peace,  or  Commissioner  of  Deeds,  or  the  Town 
Clerk.' 

3.  The  general  powers  and  duties  of  Supervisors  in  the  State  of 
New  York,  are  defined  and  prescribed  by  statute,  as  follows: 

1.  The  Supervisor  of  each  town  shall  receive  and  pay  over  all  moneys 
raised  therein  for  defraying  town  charg^es,  except  those  raised  for  the 
support  of  Highways  and  Bridges,  of  Common  Schools,  and  of  the  Poor, 
v/here  poor  moneys  shall  bo  raised. 

2.  He  shall  prosecute  in  the  name  of  his  town,  or  otherwise,  as  may 
be  necessary,  for  all  penalties  of  fifty  dollars  or  under,  given  by  law  to 
such  town  or  for  its  use,  and  for  which  no  other  officer  is  specially 
directed  to  prosecute. 

3.  He  shall  keep  a  just  and  true  account  of  the  receipt  and  expendi- 
ture of  all  moneys  which  shall  come  into  his  hands  by  virtue  of  his  office, 
in  a  book  to  be  provided  for  that  purpose,  at  the  expense  of  the  town, 
and  to  bo  delivered  to  his  successor  in  office. 

4-    On  the  Tuesday  preceding  the  annual  town  meeting,  he  shall 

I  1  R.  S.  (3d  ed.,)  392,  §  2;  li.,  398,  J5  53,  54;  Laws  ef  1838,  chap.  172;  Laws  of  1840. 
•hap.  238;  2  Hill,  369. 
»  1  R.  S.  (3d  ed.,)  395,  §§  29-31. 


(BUPKRVISORS.  565 

account  with  the  Justices  of  the  Peace  and  Town  Clerk  of  the  town,  for 
the  disbursement  of  all  moneys  received  by  him. 

5.  At  every  such  accounting,  the  Justices  and  Town  Clerk  shall  enter 
a  certificate  in  the  Supervisor's  book  of  accounts,  showing  the  state  of 
his  accounts  at  the  date  of  the  certificate. 

6.  The  Supervisor  of  each  town  shall  attend  the  annual  meeting  of 
the  Board  of  Supervisors  of  the  county,  and  every  adjourned  or  special 
meeting  of  such  Board,  of  which  he  shall  have  notice. 

7.  He  shall  receive  all  accounts  which  may  be  presented  to  him 
against  the  town,  and  shall  lay  them  before  the  IJoard  of  Supervisors  ai 
their  next  meeting. 

8.  He  shall  also  lay  before  the  Board  of  Supervisors  such  copies  of 
entries  concerning  moneys  voted  to  be  raised  in  his  town,  as  shall  be 
delivered  to  him  by  the  Town  Clerk. 

g.  Whenever  the  Supervisor  of  any  town  shall  be  required  by  tha 
Surveyor  General  to  cause  a  survey  to  be  made  of  the  bounds  of  his 
town,  it  shall  be  the  duty  of  such  Supervisor,  within  sixty  days  there- 
after, to  cause  such  survey  to  be  made,  and  to  transmit  by  mail,  or 
otherwise,  a  map  and  description  thereof  to  the  Surveyor  General,  under 
a  penalty  for  refusal  or  neglect,  of  fifty  dollars.  The  expense  of  such 
survey  and  map  will  be  defrayed  by  the  several  towns,  whose  bounds 
either  wholly  or  in  part  shall  be  described  thereby  ;  such  expense  to  be 
apportioned  by  the  Board  of  Supervisors  of  the  county.' 

4.  Besides  these  general  duties  enjoined  upon  the  Supervisor,  he  is 
ex-officio  a  member  and  chairman  of  tlic  Board  of  Excise  of  his  town, 
and  he  is  charged  with  various  special  duties  in  regard  to  highways, 
the  poor  laws,  schools,  and  strays,  all  of  which  are  pointed  out  in 
previous  Chapters  of  this  work  devoted  to  those  particular  subjectii. 
(See  Chapters  xvii,  xxir,  xxxv,  xxxviii,  and  xl.) 

5.  The  Supervisor  is  also  a  member  of  the  Board  of  Town  Audi- 
tors, and  is  clothed  with  certain  powers  under  the  law  authorizing 
the  erection  of  town  houses.     (See  Chapters  xliii  and  xliv.) 

6.  The  official  bonds  of  Commissioners  of  Highways,  Town  Super- 
intendents of  Common  Schools,  Collectors,  and  sometimes  Constable's* 
instruments,  are  approved  by  the  Supervisor. 

7.  The  Supervisor,  Town  Clerk,  and  Assessors  of  a  Town,  arc 
required  to  meet  at  such  place  as  may  be  appointed  by  the  Super- 
visor, or  in  his  absence,  or  in  case  of  a  vacancy  in  his  office,  by  the 
Town  Clerk,  on  the  first  Monday  of  July  in  each  third  year  aft<'r  tiie 
first  selection  has  been  made  in  a  town,  for  the  purpose  of  making  a 
list  of  persons  to  serve  as  jurors.  'When  assembled  for  that  purp(»s('. 
it  is  their  duty  to  select  from  the  names  of  those  assessed  on  the  last 
assessment  rolls  of  the  town,  suitable  persons  to  serve  as  jurors,  iu 
making  which  selection  they  are  to  take  the  names  of  such  persons 
only  as  are — 

1.  Male  inhabitants  of  the  town,  not  exempt  from  serving  on  juries  . 

»  1  U.  S.  (3d  ed.,)  399,  S  I,  et  seq. 


566  KETf  clerk's  assistant. 

2.  Of  the  age  of  twenty-one  years  or  upwards,  and  under  sixty  years 
old  : 

3.  Who  are  at  the  time  assessed  for  personal  property  belonging  to 
them  in  their  own  right,  to  the  amount  of  two  hundred  and  fifty  dollars, 
or  who  have  a  freehold  estate  in  real  property  in  the  county,  belonging 
to  them  in  their  own  right,  or  in  the  right  of  their  wives,  to  tiie  value 
of  one  liundred  and  hfty  dollars  ;  or,  if  residents  of  either  of  the  counties 
of  Niagara,  Erie,  Chautauquc,  Cattaraugus,  Allegany,  Genesee,  Orleans, 
Monroe,  Livingston,  Jefferson,  Lewis,  St.  Lawrence,  Steuben,  or  Frank- 
lin, who  have  been  assessed  on  the  last  assessment  roll  of  the  town  for 
land  in  their  possession  held  under  contract  for  the  purchase  thereof, 
upon  which  improvements  owned  by  them  have  been  made,  to  the  value 
uf  one  hundred  and  fifty  dollars  : 

4.  In  the  possession  of  their  natural  faculties,  and  not  infirm  or 
decrepit : 

5.  Free  from  all  legal  exceptions,  of  fair  character,  of  approved 
integrity,  of  sound  judgment,  and  well  informed.' 

8.  Duplicate  lists  of  the  persons  selected  as  jurors  by  the  town 
officers  before  mentioned,  with  their  respective  occupations  and 
places  of  residence,  are  to  be  made  out  and  signed  by  such  officers, 
or  a  majority  of  them ;  and  within  ten  days  after  the  first  Monday  in 
.July,  one  of  the  said  lists  must  be  transmitted  to  the  County  Clerk, 
and  the  other  filed  with  the  Town  Clerk.  The  jurors  thus  selected 
serve  for  three  years." 

9.  Grand  jurors  are  annually  selected  by  the  Boards  of  Super- 
visors ;  but  it  is  the  custom  for  each  Supervisor  to  present  a  list  of 
those  required  from  liis  town,  with  their  respective  occupations  and 
places  of  residence,  to  the  Clerk  of  the  Board  at  an  early  day  in  the 
session. 

10.  The  duties  of  Supervisors,  in  regard  to  the  assessment  and 
collection  of  taxes,  are  pointed  out  in  Chapter  xlii  of  this  work. 

11.  The  Supervisor,  Assessors,  and  Town  Clerk  of  a  town,  are 
required  to  meet  on  the  first  Monday  of  October  in  each  year,  to 
designate  the  place  or  places  where  the  annual  election  shall  be 
held,  and  to  give  notice  thereof.  They  have  power  at  such  mee ting- 
to  alter  any  district,  in  which  case  they  must  make  a  certificate  of 
the  alterations,  and  file  the  same  in  the  office  of  the  Town  Clerk. 
Any  alteration  so  made  will  not  take  effect  till  after  the  then  next 
general  election,  except  where  a  town  has  been  altered,  divided,  or 
newly  erected.' 

12.  When  a  new  town  is  formed,  it  is  the  duty  of  the  Supervisor, 
Assessors,  and  Town  Clerk  thereof,  to  meet  at  the  office  of  the  Town 
Clerk,  on  or  before  the  first  Tuesday  in  September  preceding  the 
first  general  election  to  be  held  in  the  town,  and  they  may  adjourn 
from  time  to  time,  but  not  beyond  the  first  day  of  October.     If  their 


'  2R.  S.  (3d  ed.,)  508,  509,  §§  12,  13,  14,  18.  1      >  1  R.  S.  (3d  ed.,)  134,  §§  15,  IG:  Laws  of 
»  2  U.  S.  (3d  ed.,)  508,  509,  5S  15,  17,  18,  19.  |  1847,  chap.  240. 


SUPERVISORS. 


667 


town  contains  more  than  five  hundred  electors,  it  is  their  duty  to 
divide  it  into  a  convenient  number  of  election  districts,  as  compact 
as  may  be ;  and  if  it  contains  less  than  five  hundred  electors,  the 
division  may  be  made  in  their  discretion.  An  election  district  must 
not  contain  more  than  five  hundred  electors.  Where  a  town  is 
divided,  a  certificate  of  the  division  must  be  made  and  signed  by  the 
Board,  and  filed  in  the  ofiice  of  the  Town  Clerk.^ 

13.  Vacancies  in  the  Board  of  Inspectors  of  an  election  district  are 
to  be  filled  by  the  Supervisor,  Town  Clerk,  and  Justices  of  the  Peace 
of  the  town,  at  a  meeting  to  be  called  by  the  Supervisor,  or  in  case 
of  a  vacancy  in  his  office,  or  his  absence,  or  inability,  by  the  Town 
Clerk.  Certificates  of  the  appointment  of  persons  to  fill  vacancies 
are  to  be  filed  in  the  office  of  the  Town  Clerk" 


FORMS. 

§  1027.    Supervisor's  Oath. 
I  do  solemnly  swear,  [or,  affirm,]  that  I  will  support  the  Constitu- 
tion of  the  United  States,  and  the  Constitution  of  the  State  of  New 
York ;  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 
Supervisor  of  the  Town  of  ,  in  the  County  of  , 

according  to  the  best  of  my  ability. 

Sworn  and  subscribed,  this  )  D.  E.  L. 

day  of  ,  18       ,  before  me,   ) 

R  F.,  Town  Clerk  of  the  Town  of  .» 


§  1028.  Form  of  Keeping  Supervisor's  Booh 

D.  E.  L.,  Supervisor  of  the  Town  of  ,  in  account  with  said 

Town : 


May  i,  1^100. 


July  30, 


For  am't  rec'd  of 
O.  P.,  Collector  of 
the  Town,  •    -    - 

For  amount  of  pe- 
nalty collected  of  A. 
B.  for  (state  tchal 
for.) 

Sec,  &c. 


Uolls. 

CIS. 

Uateg. 

May  2,  1850. 

189 

50 

I 

50 

00 

By  paid  for  Supervi- 
sor's book,  - 


E.  F.,  Com 
missioner  of  High 
ways, * 


Dulls. 

CLS. 

1 

2^ 

' 

150 

00 

MR,  S.  (3il  cd.,)  Voi,  §5  15-17  ;  Laws  of  I  »  1  R.  S.  (3d  ed.,)  136,  §  22;  Laws  of  1847. 
1847,  chap.  '.i'tO.  |  chap.  210. 

'  No  fee  can  be  charffcd  for  administering  the  oath.  The  certificate  must  be  filed  by  Um 
Superrieor  in  the  office  of  the  Town  Clerk,  within  eight  days  after  taking  llic  oath. 


668  KETT  clerk's  assistant. 

§  1029.  Certificate  of  the  Town  Cleric  and  Justices  of  the  Peace 
on  the  Examination  of  the  Supervisor's  Accounts,  to  be 
entered  in  his  hook. 

Town  of  ,  ss: 

We,  the  undersigned,  the  Justices  of  the  Peace  and  Town  Clerk 
of  the  Town  of  ,  do  hereby  certify  that  we  have  this  day 

examined  tlie  within  [or,  foregoing]  account  of  D.  E.  L.,  Supervisor 
of  said  town ;  and  that  Ave  find  the  same  in  all  respects  correct  and 
true,  and  that  there  appears  at  this  date  to  be  a  balance  of 
dollars  and  cents  due  from  the  said  Supervisor  to  the  town 

of  ,  [or,  as  the  balance  may  be^ 

Dated  ,  the  day  of  ,  18     . 

H.  F.^ 

A.  W.  I  Justices  of  the 
G.  H.  j         Peace. 
8.    T.J 

R.  S.,  Town  ClerL 


§  1030.  Certificate  of  the  Supervisor,  to  Accompany  Copies  of 
JEntries  in  Town  Clerk's  Book. 
'i-^wn  of  ,  ss: 

I  do  hereby  certify  that  the  within  are  the  copies  of  entries  con- 
cermng  moneys  voted  to  be  Raised  in  the  said  town  of  '  , 

delivered  to  me  by  the  town  clerk  thereof 
Dated  ,  the  day  of  ,  18     . 

D.  E.  L.,  Supervisor  of  said  Town. 


§  1031.  Notice  of  Supervisor,  calling  Special  Meeting  of  the 

Board  of  Excise. 
[Sej  §  429  in  Chapter  xvii:  all  the  Forms  used  by  the  Commia* 
nonero  of  Excise  may  be  found  in  the  same  Chapter.^ 


§  1032.  Appointment  of  Commissioner  of  Highways  to  fill 
Vacancy. 
[See  §  491  in  Chapter  xxii:  all  the  Forms  tised  by  the  Super- 
visor  utuier  the  Highway  Act,  may  be  found  in  the  same  Chapter.^ 


§  1033.  Report  of  Supervisor,  where  all  the  Poor  are  not  a 
County  Charge. 

[See  §  870  in  Chapter  xxxv:  the  other  Forms  required  by  the  Super- 


SI7FERYIS0BS. 


569 


visor  in  ^performing  his  duties  under  the  Poor  Laws,  may  he  fouTid 
in  the  same  Chapter."] 


§  1034.  Notice  to  Town  Superintendent  of  Common  Schools  to 
furnish  Additional  Security. 

[See  §  941,  in  Chapter  xxxviii:  the  other  Forms  required  hy  the 
Supervisor  under  the  School  Law,  may  be  found  in  the  same  Chap- 
ter.] 


§1035.  Receipt  of  Supervisor  for  Proceeds  of  the  Sale  of  a  Stray 
[See  §  1026,  in  Chapter  xL] 


§  1036.  Affidavit  verifying  Account. 
[See  §  1056,  in  Chapter  xliii:  other  Form^  used  hy  the  Town 
Auditors  may  also  he  found  in  that  Chapter.] 


§  1037.  Approval  of  Sureties  in  a  Bond} 
I  approve  of  the  sureties  named  in  the  above  bond- 
Dated  ,  the  day  of  ,  18     . 

D.  E.  L.,  Supervisor  of  the  Town  of 


§  1038.  List  of  Jurors. 

List  of  Jurors  selected  from  the  town  of  ,  in  the  county 

of  ,  to  serve  for  three  years  from  the  day  of  , 


Names. 

Occupation. 

1 

Residence. 

1 

R.  F.,  [urite  the  name  in  full}                 Farmer,                   Near  the  gate  on  the 

Plank  Road, 
S.  M.                                                             Merchant,                Village  of 
&c.,  ic.                                                                                   1 

'  The  Official  Bond  of  a  Commissioner  of  Highwavs  may  be  found  in  Chapter  xxn 
(§  49-2);  that  of  the  Town  Superinicndent  of  Common  Schools  in  Chapter  xxxviii.  (JIM)  • 
that  of  the  Town  Collector  in  Chapter  XLli,(5§  1051, 1U52) ;  and  tlie  Instrument  ol  a  ConsiabI* 
in  Chapter  xxxi,  (§&04.)  It  is  the  duty  of  Supervisors  to  prosecute  Commissioners  of  Hl^h- 
ways  or  Town  Superintendents,  and  tlieir  sureties,  for  breaches  of  their  bonds,  or  neg 
leci  to  make  proper  returns  and  pay  over  moneys,  accordini  to  law.  The  Bond  of  the  C(3- 
lector,  given  lo  the  Supervisor,  must  also  be  prosecuted  by  him. 


570  NEW  clerk's  assistant. 

Town  of  ,  ss: 

We,  tlie  undersigned,  the  Supervnsor,  Town  Clerk  and  Assessors 
of  the  said  Town,  do  hereby  certify  that  the  foregoing  is  a  correct 
list  of  jurors  duly  selected  by  us  from  the  said  town,  to  serve  for  the 
fsnsuing  three  years. 

Dated  ,  the  day  of  July,  18 

D.  E.  L.,  Supervisor. 
S.  G.,  Town  Clerk. 

A.  B.,  ) 

B.  J.,  y  Assessors. 
R  S.,  ) 


§  1039.  List  of  Grand  Jurors  from  a  Town. 

List  of  Grand  Jurors  selected  by  the  Supervisor  of  the  Town 
of  ,  from  the  quaUfied  inhabitants  of  said  town. 


Names. 

Occupation. 

Residence. 

A.  B.,  [write  the  name  in  full.]                Blacksmith. 
C.  D.,                                                   1         Cooper. 

Village  of 

Corners. 

I  hereby  certify  that  the  foregoing  is  a  list  of  grand  jurors  se- 
lected by  me  from  the  qualified  inhabitants  of  the  town  of 

D.  E.  L.,  Supervisor  of  said  Town. 


§  1040.   Tax  Bill. 

[The  Tax  Bill  is  a  were  copy  of  the  Assessment  Moll,  (§  1046,  m 
C'hajjfer  xlii,)  with  another  column  headed  "Amount  of  Tax" 
added  thereto;  in  which  column  the  Supervisor  inserts  the  amount 
of  each  person's  tax,  calculated  hj  him  according  to  the  rate  per 
cent.,  established  by  the  Board.  For  other  Forms  required  in  the  as- 
sessment and  collection  of  taxes,  see  Chapter  xlii.] 


§  1041.  JVbtice  of  Flection. 

ELECTION    NOTICE. 

Town  of  ,  ss : 

We,  the  undersigned,  composing  the  Board  of  Town  Officers  of  said 
town,  do  hereby  notify  the  electors  thereof,  that  the  ensuing  general 
election,  [or,  that  a  special  election  duly  ordered  by  the  Governor  of 


SUPERVISJRS.  671 

this  State,]  at  wliich  are  to  be  elected  the  following  officers,  viz :  [m- 
sert  here  a  list  of  the  oncers  to  be  chosen,^  will  be  held  in  election  dis- 
trict number  one,  in  said  town  of  ,  on  the  day  of 
November  next,  [or,  instant,]  at  the  house  of  0.  P.,  in  said 
district;  in  election  district  number  two,  on  the  same  day,  at  the 
house  of  R  F.,  in  said  last  mentioned  district;  and  in  election  district 
number  three,  on  the  same  day,  at  the  house  of  S.  T.,  in  said  last 
mentioned  district :  And  that  the  poll  of  the  election  will  be  opened 
in  each  district  on  the  day  of  aforesaid,  at  sunrise, 
[or,  at  the  time  determined  hy  ike  hoard,  to  he  not  later  than  nhc* 
o'clock  in  the  morning,^  and  closed  at  sunset  on  that  day. 
Dated              .  the                 day  of                     ,  18       . 

D.  E.  L.,  Supervisor. 

S.  G.,     Town  Clerk. 

A.  B.,  J 

B.  J.,  >•  Assessors. 
R  S.  ) 

§  1042.  Alienation  of  an  Election  District. 

Town  cf  ,  ss: 

We,  the  undersigned,  composing  the  Board  of  Town  Officers  of 
said  town,  do  hereby  certify  that  we  have  this  day  altered  the  elec- 
tion districts  in  said  town ;  and  that  the  said  districts  ai-e  now  consti- 
tuted and  bounded  as  follows : 

Election  district  number  one  is  bounded  on  the  west,  by  the  west 
line  of  the  town ;  on  the  north,  by  a  line  passing  along  the  centre 
of  the  main  channel  of  the  river;  on  the  east,  by  the  centre 

of  the  road;  and  on  the  south,  by  the  south  line  of  mihtary 

lots  number  and 

Election  district  number  two  is  bounded,  <kc.,  [describe  the  hounr 
laries  clearly  and  distinctly^ 

Election  district  number  three,  comprises  the  remaining  territory 
n  said  town,  not  included  in  either  of  the  districts  above  described, 
and  is  bounded,  &c.,  [give  the  boundaries^ 

Dated,  A:c.,  [cm;  in  §  1041.] 


§  1043.  Division  of  a  New  Town  into  Election  Districts} 

Town  of  ,  ss: 

We,  the  undersigned,  composing  the  Board  of  Town  Officers  of 
said  town,  do  hereby  certify  that  we  have  divided  the  same  into  three 

'  Within  ten  days  after  the  meeting  oT  the  Board,  and  at  least  two  weeks  before  the  day  of 
the  ensuing  election,  the  town  clerk  must  put  up  copies  of  the  certilJcate  of  division  in  af 
least  four  public  places  in  each  ejection  district,  and  deliver  one  copy  thereof  to  an  inspeo 
tor  in  each  district. 


572  NEW  clerk's  assistant. 

[or,  as  the  number  may  he"]  election  districts,  which  are  bounded 
and  described  as  follows,  viz : 

Election  district  number  one  is  bounded,  <fec.,  [describe  the  districts 
as  in  §  1042.] 

Dated,  &c.,  [as  in  §  1041.] 


§  1044.  Notice  of  Supervisor  calling  Meeting  to  fill  Vacancy 
in  Office  of  Inspector  of  Elections.. 

To  S.  G.,  Town  Clerk,  [or.  Justice  of   the  Peace,]  of  the  Town 

of  : 

You  are  hereby  notified  to  attend  a  meeting  of  the  Supervisor, 

Town  Clerk,  and  Justices  of  the  Peace,  of  said  town,  appointed  by 

me  to  be  held  at  your  office,  [or,  at  the  office  of  S,  T.,  Esq.,]  on  the 

day  of         instant,  for  the  purpose  of  filhng  a  vacancy  in  the 

office  of  Inspector  of  Elections,  in  election  district  number  ,  in 

said  town. 

Dated  ,  the  day  of         •      ,  18 

Yours,  &c.,  D.  E.  L.,  Supervisor. 


§  1045.  Appointment  of  an  Inspector  of  Elections  to  fill  a  Vacancy. 

Town  cf  ,  ss: 

R.  F.  is  hereby  appointed  an  inspector  of  elections  in  and  for  elec- 
tion district  number  ,  in  said  town,  to  fill  the  vacancy  occasioned 
oj  the  death  of  C.  D.,  [or,  by  the  removal  of  C.  D.  from  the  district- 
or,  by  the  inability  of  C.  D.,  on  account  of  sickness,  to  attend  at  the 
ensuing  general  election.] 

Given  under  our  hands,  this  day  of  ,  18      . 

D.  E.  L.,  Supervisor. 
S.  G.,       Town  Clerk, 

Q  ■  m''   /  Justices  of  the 
?•  j-'   f        Peace. 


CHAPTER   XLII. 
TAXES. 

PRACTICAL     REMARKS. 

1.  All  lands  ^nd  personal  estate,  within  this  State,  whether  owned 
by  individuals  *>«  corporations,  individual  bankers  or  banking  associa- 
tions, are  liable  to  taxation,  with  the  following  exceptions,  viz :  All 
property,  real  o»  personal,  exempted  from  taxation  by  the  Constitu- 
tion of  this  St&te,  or  of  the  United  States;  all  lands  belonging  to 
this  State,  or  to  the  United  States;  every  building  erected  for  the 
use  of  a  college,  fncorporated  academy,  or  other  seminary  of  learn- 
ing, every  building  for  public  worship;  every  school-house,  court- 
house and  jail;  tiie  several  lots  whereon  such  buildings  are  situated; 
and  the  fu,rniture  belonging  to  each  of  them;  every  poor-house, 
alms-house,  house  of  industry,  and  every  house  belonging  to  a  com- 
pany incorporated  for  the  reformation  of  offenders,  and  the  real  and 
personal  property  belonging  to,  or  connected  with  the  same ;  the  real 
and  personal  property  of  every  public  library ;  all  stocks  owned  by  the 
State,  or  by  literal y  or  charitable  institutions;  the  personal  estate  of 
every  corporation  not  made  liable  to  taxation  on  its  capital ;  the  per- 
sonal property  of  every  minister  of  the  gospel,  or  priest,  of  any 
denomination,  and  the  real  estate  of  such  minister  or  priest,  when  oc- 
cupied by  him,  provided  such  real  and  personal  estate  do  not  exceed 
the  value  of  one  thousand  five  hundred  dollars ;  and  all  property  ex- 
empted by  law  from  execution.  If  the  real  and  personal  estate,  or 
either  of  them,  of  any  minister  or  priest,  exceed  the  value  of  one 
thousand  five  hunc/red  dollars,  that  sum  must  be  deducted  from 
the  valuation  of  his  property,  and  the  residue  will  be  liable  to  taxa- 
tion. Lands  sold  by  the  State,  though  not  granted,  or  conveyed, 
must  be  assessed  in  the  same  manner  as  if  actually  conveyed.  The 
owner,  or  holder,  of  stock  in  any  incorporated  company,  liable  to  tax- 
ation on  its  capital,  cannot  be  taxed  as  an  individual  for  such  stock.' 

1  IR.  S.  (3ded.,)«l,  442,  §1,  etie(i.;Lawsofl847,  chap.  419;  4  Paige,  401. 


o74  NEW  clerk's  assistant. 

2.  Every  person  must  be  assessed  in  the  town  or  ward  where  he 
resides,  for  all  lands  owned  or  occupied  by  him  in  such  town  or  ward. 
Land  not  owned  by  a  person  residing  in  the  town  where  the  same 
is  situated,  may  be  assessed  in  the  name  of  the  owner  or  occupant. 
Where  a  farm,  or  lot,  is  divided,  by  the  line  between  two  towns  in 
the  same  county,  or  in  adjoining  counties,  it  must  be  assessed  in  the 
town  where  the  occupant  resides ;  if  there  be  no  occupant,  then  each 
part  must  be  assessed  in  the  town  in  which  the  same  may  lie.^ 

3.  Every  person  must  be  assessed  in  the  town  or  ward  where  he 
resides,  for  all  personal  estate  owned  or  held  by  him,  in  his  own  right, 
or  as  trustee,  guardian,  executor,  or  administrator ;  but  if  any  person 
possessed  of  personal  estate  I'esides,  during  any  year  in  which  taxes 
may  be  levied,  in  two  or  more  counties  or  towns,  his  residence  will  be 
deemed  and  held  by  the  assessors  to  be  in  the  county  and  town  in 
which  his  principal  business  may  have  been  transacted.' 

4.  The  real  estate  of  incorporated  companies,  hable  to  taxation 
must  be  assessed  in  the  town  or  ward  where  the  same  may  lie.  The 
personal  estate  of  such  companies  must  be  assessed  in  the  town  or 
ward  where  the  principal  office  or  place  of  business  is  located;  if 
there  be  no  such  office,  then  in  the  town  or  ward  where  the  opera- 
tions of  the  company  may  be  carried  on.  In  the  case  of  toll  bridges, 
the  company  owning  any  such  bridge  must  be  assessed  in  the  town 
or  ward  where  the  tolls  are  collected;  and  where  the  tolls  of  any 
company  are  collected  in  several  towns,  the  assessment  must  be  made 
m  the  town  or  ward  in  which  the  officer  authorized  to  pay  the  last 
preceding  dividend,  resides.* 

5.  The  Assessors  of  any  town  or  ward  may  divide  the  same  into 
assessment  districts,  not  exceeding  the  number  of  Assessors.  Be- 
tween the  first  days  of  May  and  July  in  each  year,  they  must  ascer- 
tain, by  diligent 'inquiry,  the  names  of  all  the  taxable  inhabitants, 
and  the  taxable  real  and  personal  property  in  such  town,  or  ward, 
and  enter  the  same  in  their  assessment  roll ;  and  where  any  person 
is  assessed  as  a  trustee,  guardian,  executor,  or  administrator,  he  must 
be  so  designated.  The  lands  of  non-residents  are  to  be  entered  in 
the  same  assessment  roll,  but  separate  from  the  other  assessments.'' 

6.  If  any  person  liable  to  taxation  will  make  affidavit  that  the 
value  of  his  real  estate  does  not  exceed  a  certain  sum,  to  be  specified 
in  such  affidavit,  or  that  the  value  of  the  personal  estate  owned  by 
him,  after  deducting  his  just  debts,  and  his  property  invested  in  in- 
corporated companies  liable  to  taxation,  does  not  exceed  a  certain  sum, 
to  be  specified  as  aforesaid,  it  will  be  the  duty  of  the  Assessors  to 
value  such  real  or  personal  estate,  or  both,  at  the  sums  specified  in 


>  1  R.  S.  (3d  ed.,)  443,  §§  1-4  ;  4  Wendell,  |      »  1  R.  S.  (3d  ed.,)  443,  §  6 ;  4  Paise,  3S-1 ;  10 
429.  I  Wendell,  186;  22  Id.,  9,  23  Id.,  103;  1  Hill, 

a  1  R.  S.  (3d  ed.,)  443,  S  5;  Lawa  tf  1S50,  I  616;  4  Id.,  20. 
•hap.  92.  I     «  IR.  S.  (34ed.,}444,445,$§7-ll. 


TAXES. 


575 


the  affidavit.  Trustees,  guardians,  <fec.,  <fec.,  may  make  a  similar  affi- 
davit in  relation  to  the  value  of  property  held  in  trust  by  them. 
All  real  and  personal  projperty,  the  value  of  which  shall  not  be  spe- 
cified by  affidavit  as  aforesaid,  must  be  estimated  ai  its  full  value,  as 
the  Assessors  would  appraise  the  same  in  the  payment  of  a  just  debt 
due  from  a  solvent  debtor.^ 

7.  It  is  also  the  duty  of  Assessors  to  ascertain  the  amount  of  rents 
reserved  on  leases  in  fee,  or  for  one  or  more  Hves,  or  for  any  term 
exceeding  twenty-one  years.  The  rents  are  to  be  assessed  as  per- 
sonal estate,  to  the  person  or  persons  entitled  to  receive  them,  at  a 
principal  sum,  the  legal  interest  on  which  will  produce  a  sum  equal 
to  such  rents.  If  the  rents  are  payable  in  property  or  services,  the 
Assessors  must  ascertain  the  value  of  such  property  or  services,  in 
money,  and  find  the  principal  sum  which  will  yield  so  much  interest* 

8.  The  Assessors  are  to  complete  their  assessment  roll  on  or  before 
the  first  day  of  September  in  every  year,  and  to  make  one  fair  copy 
thereof,  to  be  left  with  one  of  their  number.  They  are  then  forthwith 
to  cause  notice  of  its  completion,  (fee,  as  in  the  form  hereinafter  given, 
to  be  posted  up  at  three  or  more  public  places  in  the  town  or  ward. 
The  Assessors  are  to  meet  at  the  time  appointed  to  review  their  as- 
sessments, and  are  to  be  governed  by  the  same  rules  as  above  speci- 
fied. Any  person  considering  himself  aggrieved,  may  offi^r  his  owp 
affidavit,  or  other  testimony,  in  order  to  show  that  his  assessment  it 
erroneous.' 

9.  The  affidavits  above  mentioned  are  to  be  made  before  the  As- 
sessors, or  any  one  of  them.* 

1 0.  After  completing  the  review  of  the  assessment  roll,  the  Asses- 
sors are  to  sign  th(i  same,  and  attach  thereto  a  certificate,  as  in  the 
form  hereinafter  given.  The  roll  thus  certified  is  to  be  delivered  by 
the  Assessors  in  the  city  of  New  York  to  the  city  comptroller,  on  or 
before  the  twentieth  of  September,  and  in  all  other  towns  or  wards, 
to  the  Supervisor  thereof,  on  or  before  the  first  day  of  October  in 
every  year.' 

11.  The  duty  of  Assessors,  in  determining  the  value  of  taxable 
property,  is,  in  its  nature,  judicial,  and  they  are  not  legally  responsi- 
ble for  an  error.* 

12.  Every  person  chosen  or  appointed  to  the  office  of  Collector  in 
a  town,  before  he  enters  on  the  duties  of  his  office,  and  within  eight 
days  after  he  receives  notice  of  the  amount  of  taxes  to  be  collected 
by  him,  must  execute  to  the  Supervisor  of  the  town,  and  lodge  with 
liim  a  bond  with  one  or  more  sureties,  to  be  approved  of  by  such 
Supervisor.' 


'  1  R.  S.  (3d  ed.,)  44G,  §§  15-17. 
«  Laws  of  181G,  chap.  327. 
«  1  R.  S.  (3(1  ed.,)-i46,  7,  §5  19-24;  10  Wen- 
dell, 195. 
«  IR.  S.(3ded.,)447,  §25. 


•  1  R.  S.   (3d  ed.,)  447,  §5  26, 27 ;  Laws  of 
1»}2.  chap.  218. 
6  3  Denio,  117. 
»  1  R.  S.  (3d  ed.,)  396,  §  36. 


5V6 


NEvr  clerk's  assistant. 


13.  The  Collector  or  receiver  of  any  town  or  ward,  in  addition  to 
the  surety  above  mentioned,  is  required,  before  he  enters  on  the  du- 
ties of  his  office,  to  give  a  bond  with  sufficient  sureties,  to  be  approved 
of  by  the  Supervisor  of  the  town,  or  ward,  in  which  he  resides,  con- 
ditioned for  the  faithful  payment  to  the  treasurer  of  the  County  or 
City,  of  all  commutation  money  received  by  him  from  all  persons  lia- 
ble to  do  military  duty,  on  or  before  the  tenth  day  of  August.* 

14.  Whenever  any  Town  Collector  receives  any  warrant  for  the 
collection  of  taxes,  it  is  his  duty  immediately  thereafter  to  cause  no- 
tice of  the  reception  thereof  to  be  posted  up  in  five  public  places  in 
the  Avard  or  town,  (except  in  the  city  of  New  York,)  and  that  he  will 
attend  at  certain  times  and  places  to  receive  the  taxes.  It  is  the 
duty  of  the  Collector  to  attend,  in  accordance  with  his  notice,  and  any 
person  may  pay  his  taxes  at  any  time  and  place  designated  therein, 
within  thirty  days  from  the  first  posting  of  such  notices." 

15.  Where  a  Collector  returns  any  tax  imposed  on  reserved  rents, 
as  unpaid,  it  is  the  duty  of  the  County  Treasurer  to  issue  his  warrant 
to  the  Sheriff  of  any  county  in  which  any  real  or  personal  estate  of 
the  person  liable  to  pay  the  tax,  may  be  found,  commanding  him  to 
collect  the  same  of  such  real  or  personal  estate,  together  with  the 
sum  of  one  dollar  for  the  expense  of  issuing  the  warrant,  and  to  pay 
over  the  money  at  a  certain  time  to  be  specified,  not  less  than  sixty 
days  from  the  date  of  the  warrant.' 

16.  W^henever  the  Comptroller  has  rejected  a  tax  returned  in  ar- 
rear  in  the  first  instance,  or  charged  the  same  to  a  county  to  which 
it  was  before  credited,  on  account  of  any  inaccurate  or  imperfect  de- 
scription of  the  lands  on  which  the  tax  was  laid,  the  Supervisor  of  the 
town  in  wliich  the  lands  are  situated  must,  if  in  his  power,  add  to 
the  next  assessment  roll  of  the  town  an  accurate  description  of  such 
lands.* 


FORMS. 


§  1046.  Assessment  Moll. 

Assessment  Roll  of  the  Town  of  ,  in  the  County  of  , 

[or,  of  the  ward,  in  the  city  and  county  of  ,]  for 

the  year  : 


Names  of  the  taxable 
Inhabiiants. 


John  Doe, 

R  Roe,  Trustee  ef  A.  B. 

James  Jackson, 


Quantity 
of  land. 


Value  of  real 
property. 


■,00 

250 

45 


1,500 

3,500 

600 


Personal 
property. 


500 
].000 


2,000 

4,500 

600 


1  Laws  of  1847,  chap.  290,  494. 
-  Jaws  of  1815,  chap.  180. 


s  Laws  of  1846,  chap.  327. 
»  1  R.  S.  (3d  ed.,)  459,  §50. 


TAXES. 
LANDS  OF  NON  RESIDENTS. 


677 


Uescrif.uon  ol  Tract. 

1          Quan 

iiy  111  l,and. 

Valjation. 

Lot  No.  S4, 

GUO 

3,(HJU 

Subdivision  No.  2,  Lot  No.  86, 

99 

990 

4.  tract  of  land  .situate  on  road  leading 

from,  ic,  bounileil  anil  tlescribed  as 

43 

600 

follows,  10  wit .  [description^] 

Dated  the 


day  of 


18 


i'    i      >  Assessors. 

(BC,  &C.,  ) 


§  1047.  Notice  of  Completion  of  Assessment,  <&c 

PUBLIC    NOTICE. 

Notice  is  hereby  given,  that  the  Assessors  of  the  town  of  , 

[or,  of  the  ward  in  the  city  of  ,]  liave  completed 

their  assessment  roll,  for  the  present  year,  and  that  a  copy  thereof 
is  left  Avitn  the  undersigned  E.  F.,  at  his  dwelling-house,  in  , 

where  the  same  may  be  seen  and  examined  by  any  of  the  inhabitants 
of  said  town,  [or  ward,]  during  twenty  days  from  this  date ;  and  that 
the  said  Assessors  will  meet  at  the  house  of  R.  P.,  in  smd  town,  [or, 
ward,]  on  the  day  of  instant,  [or,  next,]  at  o'clock 

in  the  noon,  to  review  their  assessments,  on  the  application  of 

any  person  conceiving  liimself  aggrieved. 

Dated,  &c.,  [as  in  §  1046.] 


§  1048.  Affidavit  to  Reduce  Amount  of  Tax. 
County,  ss: 
A.  B.,  of  the  town  of  ,  in  said  county,  being  didy  sworn, 

says,  that  the  value  of  the  real  estate  assessed  to  him  on  the  a.sses.s- 
ment  roll  of  said  town,  for  the  year  1 8  ,  described  as  [r/ive  a  brief 
description, '\  and  valued  on  said  roll  at  dollars,  does  not  in 

fact  exceed  the  sum  of  dollars;  [or,  that  the  value  of  the 

personal  estate  owned  b}^  him,  after  deducting  his  just  debts,  [if  ne- 
cessary insert  here,  and  his  property  invested  in  incorporated  comjia- 
nies  liable  to  taxation,]  does  not  exceed  the  sum  of  dollars; 

or,  that  the  value  of  his  personal  property  is  not  equaJ  to  the  amount 
of  debts  owed  by  him.] 

Sworn  to,  this  day  of  ,  )  A-  B. 

18         ,  before  me,  j 

E.  F.,  Assessor. 
87 


1178  KSW  clerk's  ASSISTAITT. 

§  1049.   Certificate  to  Attach  to  Assessment  RolL 

County,  ) 
Town  of  ,P^- 

"We  do  severally  certify,  that  we  have  set  down,  in  the  above  as- 
sessment roll,  all  the  real  estate  situated  in  the  town  of  ,  in 
said  county,  [or,  in  the  ward,  in  the  city  of  ,]  according 
to  our  best  information ;  and  that,  with  the  exception  of  those  cases 
in  which  the  value  of  the  said  real  estate  has  been  sworn  to  by  the 
possessor  thereof,  we  have  estimated  the  value  of  the  said  real  estate 
at  the  sums  which  a  majority  of  the  Assessors  have  decided  to  be 
the  true  value  thereof,  and  at  which  they  would  appraise  the  same 
in  payment  of  a  just  debt  due  from  a  solvent  debtor;  and  also,  that 
the  said  assessment  roll  contains  a  true  statement  of  the  aggregate 
amount  of  the  taxable  personal  estate  of  each  and  every  person 
named  in  the  said  roll,  over  and  above  the  amount  of  debts  due 
fj-om  such  persons  respectively,  and  excluding  such  stocks  as  are 
otherwise  taxable;  and  that  with  the  exception  of  those  cases  in 
which  the  value  of  such  personal  estate  has  been  sworn  to  by  the 
owner  or  possessor,  we  have  estimated  the  same  according  to  o\ir 
best  information  and  belief. 

Dated,  &c.,  [as  in  §  1046.] 


§  1050.  Notice  of  Supervisor  to  Collector  of  Amount  of  Taxes. 

To  H.  C,  Collector  of  the  Town  of  : 

You  are  hereby  notified  that  the  amount  of  taxes  to  be  collected 
by  you  in  said  town  of  ,  for  the  current  year,  is  dollars 

and  cents. 

Dated  ,  the  day  of  ,  18     . 

Yours,  &c.,  L.  S.,  Supervisor. 


§  1051.   Collector's  Bond  to  Supervisor. 

Know  all  men  by  these  presents:  That  we,  H.  C,  A.  B.,  and  C. 
D.,  of  the  town  of  ,  in  the  county  of  ,  are  held  and  firmly 

bound  unto  L.  S.,  Supervisor  of  said  town  of  ,  in  the  penal 

sum  [insert  double  the  amount  of  taxes  to  be  colleeted]  of  thou- 

sand dollars,  to  be  paid  to  the  said  L.  S.,  or  his  successor  in  office ; 
to  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
and  our,  and  each  of  our  heirs,  executors  and  administrators,  jointly 
and  severally,  firmly  by  these  presents.  Sealed  with  our  seals,  and 
dated  the  day  of  ,  A.  D.  18      * 


TAXES.  679 

Whereas,  the  above  bonnden  H.  C.  has  been  duly  chosen  Col- 

.<;ctor  of  said  town  of  :  Now,  therefore,  the  condition  of  this 

obligation  is  such,  that  if  the  said  H.  C.  shall  well  and  faithfully 

execute  his  duties  as  such  collector,  then  the  above  obligation  to  be 

void ;  else  to  remain  in  force.  H.  C. 

Sealed,  signed  and  delivered  )  A.  B. 

in  presence  of  J  C.  D. 

G.  H. 


L.  S.l 
L.  S.J 
L.    6.] 


I  approve  of  the  sureties  named  in  the  above  bond. 
Dated  ,  the  day  of  ,  18     . 

L.  S.,  Supervisor  of  the  Town  of 


^  1052.  Collector's  Bond  under  the  Law  Providing  for  the  Enroll- 
ment of  the  Militia. 

Know  all  men  by  these  presents :  That  we,  H.  C,  A.  B.,  and  C. 
D.,  of  the  town  of  ,  in  the  county  of  ,  are  held  and 

lirmly  bound  unto  L.  H.,  Colonel  of  the  regiment  of  the  en- 

rolled militia  of  the  State  of  New  York,  in  the  penal  sum  \_insert 
such  sum  as  the  officer  approving  the  bond  mag  deem  sufficient,^  of 
dollars,  to  be  paid  to  the  said  L.  H.,  or  his  successor  in  office, 
to  which  payment,  iic,  \as  in  §  1051  to  the  *,  and  then  add.-] 

Now,  the  condition  of  this  obligation  is  such,  that,  if  the  above 
bounden  H.  C,  who  is  the  collector  of  the  town  of  afbresaid, 

shall  faithfully  pay  all  moneys  received  by  him  in  pursuance  of  the 
act  entitled  "  An  Act  to  provide  for  the  enrollment  of  the  militia,  and 
to  encourage  the  formation  of  Uniform  Companies,  excepting  the 
First  Military  Division  of  this  State" — passed  May  i;3th,  1847,  as 
amended  by  an  Act  passed  December  15,  1847,  into  the  treasury  of 
the  county  of  ,  on  or  before  the  tenth  day  of  August  next, 

then  the  above  obligation  to  be  void ;  else  to  remain  in  force. 

Sealed,  <fec.,  [as  in  §  1051,  with  the  approval  annexed  thereto.^ 


§  1053.  liotice  of  Collector. 

PUBLIC    NOTICE. 

Notice  is  hereby  given  to  the  taxable  inhabitants  of  the  town  of 

,  [or,  of  the  ward,  in  the  city  of  ,]  that  I,  the 

undersigned,  the  Collector  of  taxes  in  and  for  the  said  town,  [or, 

'  The  Supervisor  must  file  '.he  bond  of  the  Collector  in  the  office  of  the  County  Clerk, 
ivuhiu  six  days  after  ita  execution. 


580  '    NEW  clerk's  assistant. 

ward,]  have  received  the  warrant  for  the  collection  of  the  taxes  for 
the  present  year;  and  that  I  will  attend  at  my  dwelling-house,  [or, 
at  the  house  of  R.  P.,]  in  said  town,  [or,  ward,]  on  Thursday  of  each 
week,  for  thirty  days  from  the  date  hereof,  from  nine  o'clock  in  the 
forenoon  until  four  o'clock  in  the  afternoon,  for  the  purpose  of  re- 
ceiving- payment  of  taxes. 

Dated  ,  the  day  of  ,  18     . 

H.  C,  Collector. 


§  1054.    Warrant  of  County  Treasurer. 

To  the  Sheriff  of  the  County  of  ,  greeting: 

The  people  of  the  State  of  New  York  command  you  to  make  of 
the  goods  and  chattels  of  A.  B.,  in  your  county,  the  sum  of 
dollars,  being  the  amount  of  a  tax  assessed  to  the  said  A.  B.,  in  the 
town  of  ,  and  county  of  ,  under  and  in  pursuance  of 

the  provisions  of  an  act,  entitled  "An  Act  to  equalize  taxation," 
passed  May  13,  1846,  together  with  one  dollar  for  this  warrant;  and 
if  sufficient  goods  and  chattels  cannot  be  found  in  your  county  to 
make  the  said  sums  of  money,  you  are  required  to  levy  the  same  of 
the  lands  and  tenements,  real  estate  and  chattels  real,  of  the  said  A. 
B.,  whereof  he  was  seized  on  the  daj^  of  ,  18     .     And 

you  will  pay  over  the  moneys  collected  by  virtue  of  this  warrant,  to 
the  undersigned,  the  Treasurer  of  the  county  of  aforesaid, 

on  or  before  the  day  of  ,  18     . 

J.  C.  D.,  Treasurer  of  the  County  of 


CHAPTER    XLIII. 

TOWN   AUDITORS. 

PRACTICAL     REMARKS. 

1.  The  Supemsor,  Town  Clerk, and  Justices  of  tlie  Peace,  or  any 
two  Justices,  of  any  town,  constitute  the  Board  of  Town  Auditors, 
for  the  purpose  of  auditing  and  allowing  all  claims  payable  by  such 
town.  The  Board  are  required  to  meet  annually,  at  the  place  of 
holding  the  last  town  meeting,  on  the  last  Thursday  preceding  the 
annual  meeting  of  the  Board  of  Supervisors  of  the  county.' 

2.  Accounts  for  services  and  disbursements  presented  to  the  Town 
Auditors,  must  be  made  out  in  items,  and  accompanied  with  an 
affidavit,  as  in  the  form  hereinafter  given.  The  affidavit  must  be 
made  by  the  person  presenting,  or  claiming,  the  account,  and  must 
be  attached  to,  and  filed  with  the  same.* 

3.  The  board  must  annex  to  each  account  audited  by  them,  a  cer- 
tificate in  duplicate,  specifying  the  name  of  the  person  in  whose  favor 
the  same  is  drawn,  the  nature  of  the  demand,  and  the  amount  allowed. 
Oae  copy  of  the  certificate  is  to  be  filed  with  the  Town  Clerk,  and 
the  other  delivered  to  the  Supervisor,  to  be  presented  to  the  Board 
of  Supernsors,  who  ^vill  order  the  amount  to  be  collected  in  the 
town.' 

4.  It  is  {he  duty  of  boards  of  town  auditors,  to  make  annually, 
brief  abstracts  of  the  names  of  all  persons  who  have  presented  to 
said  board  accounts  to  be  audited,  with  the  amounts  claimed  by  each, 
and  the  amounts  finally  audited ;  which  abstracts  are  to  be  delivered 
to  the  Clerk  of  the  Board  of  Supervisors  and  printed  "vnth  the  other 
statements  required  lo  be  printed  by  him.* 

5.  The  original  accounts  and  affidavits  presented  to  the  board  of 
t>own  auditors  are  to  be  filed  in  the  office  of  the  clerk  of  the  town. 


'  Laws  of  ISIO,  chap.  305 ;  Laws  of  1844, 
Chap.  22a. 

a  Laws  of  1S45,  chap.  180,  §  24  ;  Laws  of 
1847,  chap.  490. 


s  Laws  of  ISIO,  chap.  305. 
«  Laws  of  ld4r,  chap,  455, 


C82  KEW  clerk's  assistant. 

FORMS. 

§  1055.   Certificate  of  Town  Auditors. 

County,) 
Town  of  ,  P^- 

We,  the  undersigned,  composing  the  Board  of  Town  Auditors  of 
said  town,  do  hereby  certify,  that  we  have  this  day  audited  and  al- 
lowed to  E.  F.,  Commissioner  of  Highways  of  said  town,  by  whom 
the  foregoing  account  has  been  presented  to  us,  the  sum  of 
dollars,  as  and  for  his  services  as  such  Commissioner,  \insert,  and  the 
disbursernents  necessarily  paid  out  by  him  in  the  execution  of  his 
duties,  if  necessary^  up  to,  and  including,  the  day  of 

distant;  and  that  we  find  a  balance  of  dollars  and  cents 

to  be  due  by  the  said  E.  F,  to  the  town  of  [or,  as  the  balance 

may  be.'\ 

Dated  at  ,  the  day  of  ,  18      . 

A.  B.,  Supervisor. 

C.  D.,  Town  Clerk. 

G.  H.,      )  .    ,. 

&c.,<fec.,  M^tices. 


§  1056.  Affidavit  to  attach  to  an  Account? 

County,  ss: 

E.  F.,  of  said  county,  being  duly  sworn,  says,  that  the  items  foi 
services  and  disbursements  mentioned  in  the  foregoing  account,  by 
him  presented  [or,  claimed,]  are  in  all  respects  correct;  that  such 
disbursements  and  services  have  in  fact  been  made  or  rendered,  or 
are  necessary  to  be  made  or  rendered,  at  this  session  of  the  Board; 
and  that  no  part  thereof  has  been  paid  or  satisfied. 

Sworn  to,  this         day  of  ,  )  E.  F. 

18         ,  before  me,  f 

A.  B.,  Chairman  of  the  Board  of  Town  Auditors  of 


§  1057.  Abstract  of  Claims  Audited  by  the  Town  Auditors. 

Abstract  of  the  names  of  all  persons  who  presented  accounts  to 
be  audited  to  the  Board  of  Town  Auditors,  of  the  town  of         ,  on 


1  This  form  may  also  be  used  to  verify  accoimts  presented  to  the  Board  of  Supervisors,  or 
Couniy  Superinlendenls  of  the  Poor.  Thd  oatU  may  be  adminisiered  by  the  chairman  of 
Oie   Board  of  Town  Auditors,  or  Supervisors,  or  tiy  any  one  of  tlie  County  Superintendent ■* 


TOWN   AUDIT0R8. 


£83 


the         day  of  ,  18     ,  with  the  amounts  claimed  by  each,  and 

the  amounts  finally  audited. 


Am't 

Am't 

Names. 

Tiile  of  Office,  or  nature  of  claim  or  services. 

claimed. 

audited. 

.(ohn  Brown, 

Justice  of  the  Peace, 

50  50 

40  50 

Joha  Doe. 

Town  Superirttendetit  of  Com.  Schools, 

60  00 

60  00 

Uicliard  Roe, 

For  supplies  to  town  Poor, 

78  00 

78  00 

James  Thompson, 

Medical  services, 

100  00 

85  00 

&c.,  &c. 

&c.,  <fcc. 

Total, 

Town  of  ,  ss : 

We  do  hereby  certify  that  the  foregoing  abstract  is  correct 
Dated  ,  the  day  of  18      . 

D.  E.  L.,  Supervisor. 
S.  G.,  Town  Clerk 
H.  R,      ) 

S.  T.,      V  Justices  of  the  Pea© 
<fec.,  &c.,  )       Peace. 


I 


CHAPTER  XLIV. 
TOWN    HOUSES. 

PRACTICAL     REMARKS. 

i.  The  electors  of  any  town  in  this  State,  in  which  there  shall  not 
he  a  town-house,  may,  at  any  annual  town  meeting,  by  resolution, 
vote  a  sum  of  money  for  the  purchase  of  a  site,  and  the  erection  of 
a  town-house,  not  exceeding  in  the  number  of  dollars,  twice  the  num- 
ber of  electors  in  the  town ;  pro\'ided  that  a  notice  of  the  intention  to 
propose  such  a  resolution  be  posted,  within  fifteen,  and  not  less  than 
ten,  days,  preceding  the  town  meeting,  in  five  of  the  most  public 
places  in  the  town. 

2.  Upon  presenting  the  action  of  the  town  to  the  Board  of  Super- 
visors of  the  county,  they  may  cause  the  sum  voted  to  be  collected 
with  the  other  expenses  of  the  town,  or  require  the  question  to  be 
again  submitted  to  the  electors  at  the  next  annual  town  meeting. 

3.  Conveyances  for  sites  of  town-houses  are  to  be  made  to  the 
towns.  The  sites  are  to  be  purchased,  and  the  houses  erected,  by 
the  Supervisor,  Town  Clerk,  and  Justices  of  the  Peace.  The  Super- 
visor, Town  Clerk,  and  the  Justice  residing  nearest  the  town-house, 
have  the  right  to  control  the  same. 

4.  The  electors  of  any  town  may  vote  such  sum  as  may  be  neces- 
sary to  repfur  or  insure  the  town-house.' 


FORMS. 
§  1058.  Notice  of  Intention  to  Propose  Resolution. 

PUBLIC     NOTICE. 

Notice  is  hereby  given,  that  a  resolution  will  be  proposed  by  the 
undersigned,  at  the  next  annual  town  meeting  of  the  town  of  , 

>  Laws  of  IW,  chap.  197. 


TOWK  HOUSES.  685 

to  be  held  at  ,  in  said  town,  on  the  day  of 

next,  authorizing  the  sum  of  dollars  to  be  raised  for  the  pur- 

chase of  a  site  for,  and  the  building  of,  a  town-house,  in  said  town. 
Dated  at  ,  the  day  of  ,  18    . 

A.  B. 


•§  1059.   Certificate  to  he  Laid  Before  the  Board  of  Supervisors. 

County,  ) 
Town  of  ,  f^- 

We,  the  undersigned,  the  Board  of  Canvassers,  at  the  annual  town 
meeting  of  the  town  of  ,  held  at  the  house  of  E..  R,  in  said 

town,  on  the  day  of  inst;mt,  do  hereby  certify,  that 

the  following  resolution  was  proposed  at  said  meeting,  and  adopted 
by  a  majority  of  the  voices  of  the  electors  present  and  voting  there- 
upon: 

"  Resolved,  that  the  sum  of  dollars  be  raised  in  the  town 

of  ,  and  that  the  same  be,  and  hereby  is,  appropriated  for 

the  purchase  of  a  site  for,  and  the  building  of,  a  town-house,  in  said 
town." 

Witness  our  hands,  this        day  of  ,  18     . 

G.  H.,      J 

S.  T.,        >•  Justices: 

&c.,  &c.,  ) 


§  1060.  Mesolution  of  the  Board  of  Supervisors. 

Resolved,  That  the  sum  of  dollars  be  raised  and  collected 

in  the  town  of  ,  for  the  purchase  of  a  site  for,  and  the  build- 

ing of,  a  town-house,  in  said  town,  in  accordance  with  the  resolution 
adopted  by  the  electors  thereof  at  the  last  annual  town  meeting ;  \or, 
That  the  question  of  raising  the  sum  of  dollars  in  the  town 

of  ,  for  the  purchase  of  a  site  for,  and  the  building  of,  a  town- 

house,  in  said  town,  voted  upon  at  the  last  annual  town  meeting  held 
therein,  be  again  submitted  to  the  electors  thereof,  at  the  next  annual 
town  meeting.] 


CHAPTER   XLV 
WILLS. 

PRACTICAL   REMARKS. 

1.  All  persons  except  idiots,  persons  of  unsound  mind,  and  infants, 
may  devise  their  real  estate  by  a  last  will  and  testament  duly  exe- 
cuted. Such  devise  may  be  made  to  any  person  capable,  by  law,  of 
holding  real  estate ;  but  no  devise  to  a  corporation  will  be  valid,  un- 
less such  corporation  be  expressly  authorized  by  its  charter,  or 
statute,  to  take  by  devise.  Every  devise  of  any  interest  in  real  pro- 
perty, to  a  person,  who,  at  the  time  of  the  death  of  the  testator, 
may  be  an  alien,  not  authorized  to  hold  real  estate,  will  be  void.' 

2.  Every  male  person  of  the  age  of  eighteen  years,  or  upwards, 
and  every  female  of  the  age  of  sixteen  years,  or  upwards,  of  sound 
mind  and  memory,  and  no  others,  may  give  and  bequeath  his  or  her 
personal  estate  in  writing.  No  nuncupative  or  unwritten  will,  be- 
queathing personal  estate,  wiU  be  valid  unless  made  by  a  soldier, 
while  in  actual  military  service,  or  by  a  mariner  while  at  sea.* 

3.  Manied  women  may  devise  real  or  personal  property  belonging 
to  them  in  their  own  right,  and  not  conveyed,  given,  granted,  or  de- 
vised to  them  by  their  husbands.' 

4.  Every  last  will  and  testament  of  real  or  personal  property,  or 
both,  must  be  executed  and  attested,  in  the  following  manner : — 

1.  It  must  be  subscribed  by  the  testator,  at  the  end  of  the  will: 

2.  Such  subscription  must  be  made  by  the  testator,  in  the  presence  of 
each  of  the  attesting  witnesses,  or  acknowledged  by  him  to  have  been 
so  made  to  each  of  the  attesting  witnesses  : 


^  2  R.  S.  (3d  ed.)  118, 119,  §§  1-4 ;  4  Paige, 
«22;  3  Wendell,  166 ;  10  Id.,  379. 


a  2  R.  S.,  (3d  ed.)   121,  §§  18,  19;  1  Hoff- 
man's Ch.  Uep.,  1 ;   Id.,  202. 
8  Laws  of  1849,  chap.  375. 


WILLS. 


687 


3.  The  testator,  at  the  time  of  making  such  subscription,  or  at  the 
time  of  acknowledging  the  same,  must  declare  the  instrument  so  sub- 
scribed, to  be  his  last  will  and  testament. 

4.  There  must  be,  at  least,  two  attesting  witnesses,  each  of  whom 
must  sign  his  name  as  a  witness,  at  the  end  of  the  will,  at  the  request 
of  the  testator. 

5.  The  witnesses  to  any  will  must  write  opposite  to  their  names  their 
respective  places  of  residence;  and  every  person  who  may  sign  the  tes- 
tator's name  to  any  w  ill,  by  his  direction,  must  write  his  own  name  as  a 
witness  to  the  will. 

6.  Whoever  neglects  to  comply  with  either  of  the  foregoing  pro- 
visions, will  forfeit  fifty  dollars,  to  be  recovered  by  any  person  interested 
in  the  property  devised  or  bequeathed,  who  may  sue  for  the  same.  Such 
omission  will  not  affect  the  validity  of  any  will;  nor  will  any  person 
liable  to  the  penalty  aforesaid,  be  excused  or  incapacitated,  on  that  ac- 
count, from  testifying  respecting  the  execution  of  such  will.' 

5.  No  will  in  writing,  (except  in  the  cases  particularly  specified  in 
the  statute,)  nor  any  part  thereof,  can  be  revoked,  or  altered,  other- 
wise than  by  some  other  will  in  writing,  or  some  other  wTiting  of  the 
testator,  declaring  such  revocation  or  alteration,  and  executed  with 
the  same  formalities  with  which  the  will  itself  was  required  by  law 
to  be  executed;  or  unless  such  will  be  burnt,  torn,  canceled,  oblite- 
rated, or  destroyed,  with  the  intent,  and  for  the  purpose  of  revoking 
the  same,  by  the  testator  himself,  or  by  another  person  in  his  pre- 
sence, by  his  direction  and  consent ;  and  when  so  done  by  another 
person,  the  direction  and  consent  of  the  testator,  and  the  fact  of  such 
injury  or  destruction,  must  be  proved  by  at  least  two  witnesses.* 

6.  Marriage  and  the  birth  of  a  child,  subsequent  to  the  execution 
of  a  will,  operate  as  a  revocation,  if  there  be  no  provision  made  for 
the  wife  and  child.  A  will  executed  by  an  unmarried  woman  wiU 
be  deemed  revoked  by  her  subsequent  marriage.  After  born  chil- 
dren, not  provided  for  or  mentioned  in  a  will,  or  in  a  settlement,  are 
entitled  to  such  share  of  the  estate  of  the  testator  as  they  would 
have  had  if  no  will  had  been  made.' 

7.  Fraud  will  vitiate  a  will.'* 

R.  Mere  imbecility  will  not  avoid  a  will.  The  term  <•  unsound 
mind,"  in  the  statute  concerning  wills,  has  the  same  signification  aa 
non  compos  mentis.* 

9.  A  sound  disposing  mind,  or  testable  capacity,  is  any  point  above 
idiocy  or  lunacy.' 


'  2  R.  S.  (3(1  ed.,)  124,  §§  32,33 ;  8  Paige,  489  ; 
10  Id,  85;  26  Wendell,  331,  525;  1  Uenio, 
33;  1  Barbour's  S.  C.  Rep.,  526;  2  Id.,  40, 
200. 

»  2  R.  S.  (3d  cd.,)  124,  §  ai ;  20  Wendell, 
♦57;  1  Hill,  590. 

»  2  R.  S.  (2d  cd.,)  124,  5,  ^SJ  35,  36,  41  j  4 


Kent's  Commentaries,  (2d  ed.,)  520,  et  seq.;  4 
Johnson's  Ch.  Rep.,  506;  5  Paige,  590;  7  Id., 
99;   1  Denio,27. 

♦  1  Comstock,  214. 

6  3  Dcnio,  37. 

«  26  Wendell,  255 ;  3  Denio,  37 ;  2  Comstock, 
498. 


588 


NEW   clerk's   assistant. 


10.  Where  the  personal  estate  is  not  in  terras  exonerated  by 
will,  it  Avill  be  deemed  the  primary  fund  for  the  payment  of  legacieo.* 

11.  No  provision  made  in  a  will  for  a  wife,  will  prevent  her  froto 
having  dower  also,  unless  it  be  expressly  declared  to  be  in  lieu  of 
dower,  and  she  assent  thereto.  A  testamentary  provision,  where  the 
intention  is  doubtful,  though  accepted,  will  not  deprive  her  of  dower." 

12.  Lands  purchased  after  making  a  will,  will  not  pass  by  it,  un- 
less it  be  republished  in  the  presence  of  the  former,  or  any  other 
two  witnesses.^ 

13.  A  codicil  is  a  supplement  to  a  will,  and  must  be  attested  in 
the  same  manner.* 

14.  A  codicil  to  a  will  causes  it  to  speak  from  the  re-pubhcation.* 

15.  The  term  "heirs,"  or  other  words  of  inheritance,  are  not 
necessary  to  the  devise  of  an  estate  in  fee.  "Where  it  is  the  intention 
to  give  an  estate  for  hfe  only,  the  words  "  dui-ing  his  natural  life,"  or 
other  words  to  the  same  effect,  must  be  used.° 

16.  A  will  is  valid,  although  it  contain  a  devise  or  bequest  to  the 
witness ;    such  bequest,  however,  is  void.' 

17.  Three  witnesses  to  a  will  of  real  estate  are  required  in 
Vermont,  New  Hampshire,  Maine,  Massachusetts,  Rhode  Island, 
Connecticut,  New  Jersey,  Maryland,  South  Carolina,  Georgia,  Ala- 
bama, Mississippi,  Mchigan,  Wisconsin,  and  Iowa.  Two  witnesses 
only  are  necessary  in  New  York,  Delaware,  Virginia,  Ohio,  Illinois, 
Indiana,  Missouri,  Tennessee,  North  Carolina,  and  Kentucky.  In 
Pennsylvania,  no  subscribing  witness  is  necessary,  provided  the 
authenticity  of  the  will  can  be  proved  by  two  witnesses :  and  if  a  will 
be  subscribed  by  witnesses,  it  may  be  proved  by  the  oaths  of  other 
persons.* 

18.  After  the  lapse  of  sixty  years  from  the  date  of  a  will,  its 
execution  may  be  shown,  without  proving  that  efforts  have  been 
made  to  procure  the  attendance  of  the  subscribing  witnesses,  as 
their  death  may  be  presumed' 


•  1  Comstock,  120. 

2  2  R.  S.  (3d  ed.,)  27,  §§  9-11 ;  2  .lohnson's 
Ch.  Rep.,  448;  2  Paige,  659;  8  Id.,  325;  7 
Coweu,  285 ;  5  Hill,  206  ;  2  Dei.io,  430. 

3  2  R.  S.  (3d  ed.,)  124,5.  §§  37--40  ;  7  John- 
son's Ch.  Rep.,  258  ;  4  Kent's  Commentaries, 
(2d  ed.,)  528. 

*  6  Joluison's  Ch.  Rep.,  375 ;  I  Hill,  590. 


6  7  Hill,  346. 

6  2  R.  S.  (3d  ed.,)  33,  §  1  ;  2  Johnson's  Caa 
4&1 ;  2  Hill,  554 ;  3  Id.,  165 ;  5  Id.,  410 ;  I  De- 
nio,  165. 

7  2  R.  S.  (3d  ed.,)  125,  §§  42,  43. 

»  4  Kent's  Commentaries,  (2d  ed.,)  513,514 
»  7  HiU,  476. 


WILLS.  689 

FORMS. 

§  1061.    Will  of  Heal  and  Personal  Estate. 

In  the  name  of  God,  amen :  I,  A.  B.,  of  the  town  of  ,  in 

'vhe  county  of  ,  and  State  of  ,  of  the  age  of 

years,  and  being  of  sound  m-nd  and  memory,  do  make,  publish  and 
declare,  this  my  last  will  and  testament,  in  manner  following,  that 
is  to  say : 

First,  I  give  and  bequeath  to  my  wife,  E.  B.,  the  sum  of  , 

to  be  accepted  and  received  by  her  in  lieu  of  dower;  to  my  son,  C. 
B.,  the  sum  of  ;  to  my  daughter,  M.  B.,  the  sum  of  ; 

and  to  my  daughter-in-law,  S.  B.,  widow  of  my  son,  R  B.,  deceased, 
the  sum  of  ;  which  said  several  legacies  or  sums  of  money, 

I  direct  and  order  to  be  paid  to  the  said  respective  legatees,  Avithia 
one  year  after  my  decease. 

Second,  I  give  and  devise  to  my  son,  C.  B.,  aforesaid,  his  heirs 
and  assigns,  all  that  tract  or  parcel  of  land,  situate,  &c.,  [describe  the 
2}remises,]  together  with  all  the  hereditaments  and  appurtenances 
thereunto  belonging  or  in  any  wise  appertaining :  To  have  and  to 
hold  the  premises  above  described  to  the  said  C  B.,  his  heirs  and 
assigns,  forever. 

Third,  I  give  and  dense  all  the  rest,  residue  and  remainder,  of 
my  rejd  estate,  of  every  name  and  nature  whatsoever,  to  my  said 
daughter,  M.  B.,  and  my  said  daughter-in-law,  S.  B.,  to  be  divided 
equally  between  them,  share  and  share  aUke. 

And  lastltj,  I  give  and  bequeath  all  the  rest,  residue  and  remain- 
der, of  my  personal  estate,  goods  and  chattels,  of  Avhat  nature  or 
kind  soever,  to  my  said  wife,  E.  B.,  whom  I  hereby  appoint  sole 
executrix  of  this  my  last  will  and  testament ;  hereby  revoking  all 
former  wills  by  me  made. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  .  A.  B.     [l.  s.] 

The  above  instrument,  consisting  of  one  sheet,  [or,  two  sheets,] 
was,  at  the  date  thereof,  signed,  sealed,  published  and  declared,  by 
the  said  A.  B.,  as  and  for  his  hist  will  and  testament,  in  presence  of 
us,  who,  at  his  request  and  in  his  presence,  and  in  the  presence  of 
each  other,  Jiave  subscribed  our  names  as  witnesses  thereto.  [Or, 
The  above  instrument,  consisting  of  one  sheet,  was,  at  the  date  there- 
of, declared  to  us  by  A.  B.,  the  testator  therein  mentioned,  to  be  his 
jast  will  and  testament ;  and  he  at  the  same  time  acknowledged  to 
us,  and  each  of  us,  that  he  had  signed  and  sealed  the  same ;  and  we 
thereupon,  at  his  request,  and  in  his  presence,  and  in  the  presenco 
of  each  other,  signed  our  names  thereto  as  attesting  witnesses.] 

C.  D.,  residing  at  ,  in  county. 

G.  H.,  residing  at  ,  in  counlj. 


590  NEW  clerk's  assistant. 

§  1062.    Codicil  to  a  Will 

Whereas,  I,  A.  B.,  of,  &c.,  have  made  my  last  will  and  testament 
in  writing,  bearing  date  the  day  of  ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ,  in  and  by  which 

I  have  given  and  bequeathed  to,  &c.,  \liere  set  forth  the  bequest 
which  the  testator  desires  to  change:^  Now,  therefore,  I  do,  by  tiiis 
my  writing,  which  I  liereby  declare  to  be  a  codicil  to  my  said  last 
will  and  testament,  and  to  be  taken  as  a  part  thereof,  order  and 
declare  that  my  will  is,  that  only  the  sum  of  be  paid  to  my 

daughter-in-law,  S.  B.,  in  full  of  the  said  legacy  given  and  bequeathed 
to  her ;  and  that  the  remaining  part  of  the  said  legacy  be  given  and 
paid  to  my  nephew,  R.  F. :  And  lastly,  it  is  my  desire  that  this  codicil 
be  annexed  to,  and  made  a  part  of,  my  last  Mrill  and  testament  as 
aforesaid,  to  all  intents  and  purposes. 

In  witness,  <fec.,  [as  in  §  1061,  except  that  the  attestation  will  read, 
"  as  and  for  a  codicil  to  his  last  will,"  &c.] 


§  1063.  Nominatior\.  of  Executors  in,  a  Will. 

And  lastly,  I  do  hereby  nominate  and  appoint  my  sons,  C.  B.  and 
M.  B.,  [or,  my  friends,  E.  F.  and  L.  M.,]  to  be  the  executors  of 
this  my  last  will  and  testament,  hereby  revoking  all  former  wills  by 
me  made. 


§  1064.   Devise  to  Executors  in  Trust,  with  Power  to  Sell,  d:c. 

I  give  and  devise  all  my  real  and  personal  estate,  of  what  nature 
or  kind  soever,  to  E.  F.  and  L.  M.,  the  executors  of  this  my  last  wiU 
and  testament,  hereinafter  nominated  and  appointed,  in  trust,  for  the 
payment  of  my  just  debts  and  the  legacies  above  specified,  with 
power  to  sell  and  dispose  of  the  same,  at  public  or  private  sale,  at 
such  time  or  times,  and  upon  such  terms,  and  in  such  manner,  as 
to  them  shall  seem  meet;  provided,  however,  that  no  part  of  my  real 
estate,  as  aforesaid,  shall  be  sold  at  public  auction,  until  after  the 
expiration  of  three  years  from  the  time  of  my  decease. 


§  1065.  Disposition  of  the  Tuition  and  Custody/  of  Minor  Children. 

And  I  do  hereby  dispose  of  and  commit,  the  tuition  and  custody 
of  my  children,  M.  B.,  R  B.  and  F.  B.,  and  every  of  them,  for  such 
time  as  they  or  any  of  them  respectively  continue  unmarried,  and 


WILLS.  591 


under  the  age  of  twenty-one  years,  unto  my  wife,  E.  B.,  provided 
she  remains  my  widow ;  but  if  she  shall  die  or  marry,  during  the 
single  life  and  nonage  of  any  of  my  said  children,  I  hereby  dispose 
of  and  commit  their  tuition  and  custody  to  my  executors,  hereinafter 
nominated  and  appointed. 


§  1066.  Provision  in  a  Will  for  a  Child,  Born  After  the  Death  of 
the  Testator. 

I  give  and  bequeath  to  my  wife,  E.  B.,  the  sum  of  ,  in 

trust  for  any  child,  or  cliildren,  by  me  begotten,  which  may  be  bom 
of  her  subsequent  to  the  time  of  my  decease;  which  said  sum  of 
money  is  to  be  paid  to  such  child,  or  divided  equally  between  such 
children,  when  he,  or  she,  or  they,  shall  have  arrived  at  the  age  of 
twenty-one  years. 


§  1067.   Provision  for  Children  Born  After  the  Execution  of 
a  Will. 

I  give,  bequeath  and  devise,  aU  the  rest,  residue  and  remainder, 
of  my  real  and  personal  estate,  to  my  children  now  living,  or  who 
may  be  living  at  the  time  of  my  decease,  to  be  divided  equally 
between  them,  share  and  share  alike. 


§  1068.   The  same,  in  Another  Form. 

I  give  and  bequeath  to  each  and  every  of  my  children  born  subse- 
quent to  the  execution  of  this  my  last  will  and  testament,  the  sum 
of  dollars,  to  be  paid  in  the  same  manner  as  the  other  lega- 

cies hereinbefore  mentioned. 


§  1069.  Devise  of  an  Estate  for  Life  to  one  Person,  and  Rever- 
sion to  Another. 

I  give  and  devise  all  my  real  estate,  of  what  nature  or  kind  soever, 
to  my  wife,  E.  B.,  [or,  to  my  friend,  L.  M.,]  to  be  used  and  enjoyed 
by  her,  [or,  him,]  during  the  term  of  her  [or,  his]  natural  Ufe ;  and 
from  and  immediately  after  her  [or,  his]  decease,  I  give  and  devise 
the  same  to  my  friend,  S.  T.,  his  heirs  and  assigns,  forever. 


592  KEW  clerk's  assistant. 

§  1070.  Devise  to  Trustees,  During  a  Life,  or  Lives. 

I  give,  bequeath  and  devise,  all  my  real  and  personal  estate,  of 
what  nature  or  kind  soever,  to  E.  F.  and  G.  H.,  the  executors  of  this 
my  last  ■will  and  testament,  hereinafter  nominated  and  appointed,  in 
trust,  for  the  payment  of  my  just  debts,  and  the  legacies  and  charges 
upon  the  said  estate  hereinafter  specified,  to  be  held  and  possessed 
by  them,  for  the  purpose  aforesaid,  for  and  during  the  natural  hfe  of 
L.  M.,  of  the  town  of  ,  and  State  of  ,  and  for  and 

during  the  natural  Ufe  of  E.  M.,  infant  son  of  the  said  L.  M. ;  and 
from  and  after  their  decease,  and  the  decease  of  each  of  them,  I  give, 
bequeath  and  devise,  my  said  estate,  to  my  son,  C.  B.,  his  heirs  and 
assigns :  And  I  do  hereby  order  and  direct,  that  during  the  continu- 
ance of  the  said  trust  estate,  as  aforesaid,  thei-e  shall  be  annually 
paid  out  of  the  net  income  and  profits  thereof,  the  sum  of 
to  my  wife,  E.  B.,  in  lieu  of  all  dower,. or  right  of  dower,  in  and  to 
my  said  estate ;  the  sum  of  to  my  son,  C.  B. ;  and  the  sum  of 

to  my  daughter,  M.  B. ;  and  that  the  rest,  residue  and  re- 
minder, of  the  said  net  income  and  profits,  shall  be  divided  equally 
between  my  said  executprs,  in  lieu  of  compensation  for  their  services 
in  the  execution  of  the  said  trust. 


§  lOYl.  Devise  of  an  Annuity. 

I  give,  devise  and  bequeath,  to  my  ■wife,  E.  B.,  and  her  assigns, 
for  and  during  the  term  of  her  natural  life,  one  annuity,  or  clear 
yearl)^  rent,  or  sum,  of  ,  free  of  all  taxes  and  other  de- 

ductions, to  be  issuing  and  payable  out  of  the  real  estate  above  de- 
vised to  my  son,  C.  B.,  in  equal  half  yearly  payments,  at  , 
on  the  day  of  January  and  July,  in  each  and  every  year  as 
aforesaid ;  and  I  do  hereby  charge  and  subject  the  said  real  estate 
"with  and  to  the  payment  of  the  said  annuity,  yearly  rent^  or  sum,  of 
,  at  the  times  and  in  tlie  manner  aforesaid;  fully  empower- 
ing and  authorizing,  my  said  wife  and  her  assigns,  provided  the  sfxid 
annuity,  or  any  part  thereof,  shall  remain  unpaid  after  the  expiration 
of  twenty  days  from  the  time  Avhen  the  same  shall  be  due  and  pay- 
able as  aforesaid,  to  entci-  into  all  and  singular  the  premises  charged 
with  the  annuity  as  aforesaid,  and  the  rents,  issues  and  profits  there- 
of, to  receive  and  take,  until  she  and  they  be  therewith  and  thereby, 
or  by  the  person  or  persons  then  entitled  to  the  immediate  posses- 
sion of  the  premises,  paid  and  satisfied  the  same  and  every  part 
thereof,  and  all  the  arrears  then  due  and  payable,  together  with  her 
and  their  costs,  damages  and  expenses,  p;iid  out  and  sustained,  by 
reason  of  the  non-payment  thereotj  or  of  any  part  therof. 


INDEX. 


ABSTRACT— 

of  claims  audited  by  town  auditors. 
ACCOUNTS— 

Bee  "  TOWN   AUDITORS." 

ACKNOWLEDGMENT  ANU  PROOF  OF  DEEDS,  Ac- 
practical  remarks, 

by  a  single  party,  known  to  the  ofiicer, — 

by  a  single  party,  proven  to  the  officer, 

by  husband  and  wife,  difierent  forms, 

by  two  husbands  and  their  wives, 

by  wife  in  a  separate  certificate,. 

by  several  parties, 

by  one  of  several  parties, 

by  an  attorney,  dilferent  forms, - 

by  an  executor,  or  trustee, 

by  a  sheriff, 

by  a  deputy  sherill", — - 

by  a  party  to  confirm  deed  executed  during  infancy, 

by  subscribing  witness, 

by  subscribing  witness  as  to  the  husband,  and  acknowledgment 

by  the  wife, - 

by  subscribing  witness  to  deed  executed  by  an  attorney, 

proof  of  deed  where  subscribing  witnesses  are  dead, 

proof  of  deed  executed  by  a  moneyed  corporation, 

the  same  by  a  religious  corporation, 

acknowledgment  in  New  England  States, 

acknowledgment  in  Pennsylvania, 

acknowledgment  in  Micliigan, 

acknowledgment  in  Ohio, 

acknowledgment  in  Illinois,. 

acknowledgment  in  Indiana, 

acknowledgment  in  Alabama, - 

satisfaction  of  mortgage  and  acknowledgment, 

satisfaction  of  judgment  and  acknowledgment, 

application  for  subpirna  to  compel  attendance  of  subscribing 

witness  to  a  conveyance,  and  accompanying  forms, 

forms  of  oaihs  on  taking  acknowledgments,  or  proving  deeds, 

&c., - - — 

ackiiowlcdgment  of  pension  voucher, 

acknowledgment  of  notice  of  exemption  of  homestead, 

38 


12. 


9-11 

12 
12 
13 
13 
!3 
14 
14 

14,15 
15 
15 
16 
16 

IG,  17 


17 
18 
IS 
19 
19 
20 
20 
20 
21 
21 
21 
21 
22,23,24 
24,25 

25,  26,  27 

27 

330,  331 


594  EfVEX. 

ADMINISTRATORS—  paob. 

fees  of, ^.  346 

deed  from, . ..... ...... .  162 

satisfaction  of  mongage  by, . . .....  22 

description  of  in  suit, ..... 343 

ADVERTISEMENT  OF  SALE— 

on  a  chattel  mortgage,.. — 120 

of  town  superimonticnt  of  common  schools 526 

of  collector  of  school  district, 539 

of  constable, 560 

where  stray  is  not  redeemed......... . . 563 

on  foreclosure  of  mortgage  on  real  estate, — .,  1S4 

AGREEMENTS  AND  CONTRACTS- 

practical  remarks, . .......  28,29 

general  form  of  an  agreement, ...  30 

agreement  for  the  sale  and  purchase  of  personal  property, 30 

for  building  a  house, -  30 

for  re-building  mills,... .....  31 

for  making  flour  barrels, 32 

for  the  sale  of  wood,  or  stone, .  32 

for  the  sale  of  stock  in  grocery  store, 33 

for  engraving  maps,... 34 

to  freight  sloop,  or  canal  boat, 31 

to  sell  shares  of  stock  in  an  incorporated  company, S5 

agreement  of  barter, .  36 

for  towing  line  of  canal  boats, 36 

to  cultivate  land  on  shares, ...  37 

to  sell  the  copy  right  in  a  book, 38 

to  sell  and  assign  bond  and  mortgage, ...  33 

to  change  mortgage  security, .-  39 

respecting  party  wall,- - - 40 

agreement  of  purchaser  at  auction  sale, ._-.. — ..  41 

with  a  clerk  or  workman, — 42 

agreement  or  subscription  for  raising  money  to  build  a  church 

or  bridge, . — ..  42 

with  a  mason  for  plastering,  laying  brick,  &c., 42 

contract  for  the  sale  of  land, 43 

contract  for  the  sale  of  land,  executed  by  an  attorney, 44 

contract  for  the  sale  of  land,  with  special  covenants, 44 

bond  for  performance  of  a  contract, . — .  13C 

agreement  aa  to  damages  on  laying  out  highway, 301 

agreement  for  lease, . 338 

agreement  between  housekeeper  and  lodger, .  390 

see  "Assignments,"    -Bills   of  Sale  and  Chattel  Mort- 
gages," "Covenants,"  and  "Landlord  and  Tenant." 

APPRENTICES  AND  SERVANTS— 

practical  remarks, 45-48 

apprentice's  indenture, .- .  49 

forms  of  consent  of  father,  mother,  guardian,  &c., 50 

agreement  of  father  binding  himself  to  pay  damages, 51 

the  same,  indorsed  upon  the  indenture, . 51 

servant's  indenture, 52 

contract  to  bind  a  minor  coming  from  a  foreign  country,  and 

acknowledgment 52,  53 

assignment  of  the  foregoing  contract  and  approval, 


53 


INDEX. 


595 


APPRENTICES  AND  SERVANTS-  page. 

consent  to  bind  Indian  child, 53 

complaint  by  master  against  apprentice  for  refusing  to  serve, 

and  accompanying  forms, 54,  55 

complaint  against  apprenitce  for  a  misdemeanor,  and  accom- 
panying forms, 55,  56 

discharge  of  the  apprentice  from  service,  and  of  the  master 

from  his  obligation, ^ 56 

complaint  of  appreniice  for  cruelly  and  misusage,  and  accom- 
panying forms, 57,  58 

complaint  by  apprentice  where  money  has  been  paid,  and  ac- 
companying forma, 58,  59 

complaint  by  master  where  money  has  been  paid,  and  accom- 
panying forms, 60,  61,  62 

ARB'VRATION  AND  AWARD - 

practical  remarks, . 63  65 

special  submission  to  arbitration,. 66 

general  submission, 66 

short  form  of  general  submission, 66 

clause  for  judgment, » 67 

arbitration  bond, 67 

condition  of  bond  on  a  special  submission, 63 

notice  to  arbitrators  lo  fix  time  for  hearing,  &c., 68 

oaih  of  arbitrators, 68 

notice  of  hearing, 68 

oath  on  application  for  subpcena, 69 

subpoena  before  arbitrators, .  69 

oath  of  witness, 69 

revocation, ..  69 

notice  of  revocation, 69 

award, . 70 

release  executed  in  pursuance  of  an  award, 71 

affidavit  of  execution  of  bond, . . .  71 

affidavit  of  execution  of  award, 71 

ARBITRATORS— 

fees  of, ...........  ...  237 

see  "Arbitration  and  Award." 

ASSAULT  AND  BATTERY— 

warrant  for,  and  other  forms, ..........  361,  362 

ASSESSORS— 

oath  of  office, -430 

fees  of, 233 

fees  as  fence  viewers, .  246 

duties  of,  as  fence  viewers,  and  forms..... ......  260-266 

duties  of,  in  assessment  of  taxes, . .  573-576 

assessment  roll, . 575 

notice  of  completion  of  assessment, 577 

affidavit  to  reduce  tax, 577 

certificate  to  assessment  roll, 578 

see  "  Highways." 

ASSIGNEES— 

description  of  in  suit, ...  343 

complaint  by,  in  justices' courts, 35' 

see  "Assignments,"  and  " JtJsriCES'  Courts." 


•596  INDEX. 

ASSIGNMENTS-  PAOB 

practical  remarks, .... 72,  73 

■general  form  of  assignment  to  be  indorsed  on  an  instrument,..  74 

by  a  firm  for  the  benetil  of  creditors, 74 

general  assignment, .  76 

assigniTient  of  bond, 77 

of  indenture, 53 

of  judgment,  dilTerent  forms, 77,78 

of  bond  and  mortgage,  dilferent  forms, 79,  SO 

of  bond  and  mortgage,  as  collateral  security, 80 

of  a  lease,  diflerent  forms,. 80,81 

of  contract  for  the  sale  of  real  estate,  diflerent  forms, 81,  82 

of  a  bail  bond, 82 

of  partnership  property,  by  one  partner  to  another, 82 

by  a  sheriff  to  his  successor  in  office, 83 

of  a  debt,  or  wages, 84 

of  policy  of  insurance, 85 

of  policy  of  insurance  as  collateral  security, 85 

of  insolvent  debtor, 213 

under  non-imprisonment  act, 218 

of  dower, 225 

of  patent,  diflerent  forms, _ 447,448,449 

release  of  creditor  named  in  an  assignment, .  Bll 

ATTACHMENT- 

see  "Justices'  Courts,"  and  "Service  and  Return  op  Pro- 
cess." 

ATTORNEY— 

acknowledgment  by,  diflerent  forms, . ..........  14,  15 

contract  for  the  sale  of  land  by, . „  44 

bond  and  warrant  of  attorney, .  127 

see  "  Pension  Vouchers,"  and  "  Powers  of  Attorney." 

AUCTIONEERS— 

commission  of, ......... ...  233 

bond  of, 89 

see  "Auctions." 

AUCTIONS— 

practical  remarks, ..  8G,  87,  83 

agreement  of  purchaser  at  an  auction  sale, 41 

auctioneer's  bond,  and  certificate  of  approval, 89 

certificate  to  copy, ..  89 

oath  of  co-partner,  or  clerk, ..  90 

oath  on  exhibiting  semi-annual  account, .  90 

certificate  of  board  of  port  wardens, 91 

affidavit  of  president  of  insurance  company, .......  91 

AUDITORS— 

see  "Town  Auditors." 

BANKS  AND  CORPORATIONS— 

practical  remarks, ....  92-94 

transfer  of  stock, .... 94 

power  to  transfer, 95 

proxy, - .  95 

affidavit  of  stockholder, .  95 

inspector's  oath, .  95 

oath  of  stockholder  when  challenged, 96 

oath  of  proxy, 96 

affidavit  to  statement  of  uiiclaimed  dividends,  &c., 96 


im)BZ.  597 

BANES  AND  CORPORATIONS-  pagb. 

jiower  to  recei?  s  diviilenJ, - - 96 

ccrtificaie  or  association  formed  unaer  general  banking  law,  and 

proof, 9" 

certificate  ol"  tlie  formation  of  a  manufacturing  corporation,  —  .  98 

certificate  of  incorporation  of  an  Episcopal  church, •  9S 

certificate  of  incorporation  of  other  religious  societies, 9? 

deed  from  corporation,.. '■''■* 

bond  to  corporation, '24 

mortgage  by  corporSlion, "9 

mortgage  to  corporation, 'SO 

proof  of  deed  executed  by, 19 

satisfaction  of  mortgage  by, 24 

bond  of  an  officer  of  a  bank,  or  company, - 1-^ 

triennial  report  of  a  religious  corporation, K'O 

application  to  mortgage  or  sell  real  estate  of  religious  corpora- 
tion,   lUl 

order  of  court  on  application, - - lul 

BEGGARS- 

see  "Poor  Laws." 

BILLS  OF  EXCHANGE  AND  PROMISSORY  NOTES- 

practical  remarks, ■. 102,103.  1U4, 105 

bill  of  exchange, 105 

a  set  of  bills, 106 

promissory  note,  negotiable, -.  108 

promissory  note,  joint  and  several, 106 

promissory  note,  not  negotiable, - 106 

promissory  note,  payable  on  demand,. 107 

promissory  note,  payable  at  bank, '   107 

promissory  note,  payable  in  installments, 107 

promissory  note,  payable  in  specific  articles, 107 

memorandum  note  for  money, ■     107 

promissory  note,  with  surely, 107 

due  bill  for  goods, 108 

orders,  different  forms, 108 

guaranty  of  payment, 108 

guaranty  of  collection, 108 

protest  of  bill  for  non-acceptance, 108 

protest  of  bill  or  note  for  non-payment, - 100 

notice  of  protest,  different  forms, \li> 

certificate  of  service, 110 

general  form  of  a  notarial  certificate, lid 

BILLS  OF  SALE  AND  CHATTEL  MORTGAGES— 

practical  remarks, 112-114 

common  bill  of  sale, US 

bill  of  sale,  in  consideration  of  maintenance, 113 

bill  of  sale  of  a  registered  or  inroUed  vessel, ili'i 

chai'iel  mortgage  to  secure  a  debt,  diflerent  forms, 117,  113.  II'.' 

chaltle  mortgage  to  secure  a  note, IIS 

chattle  mortgage  to  secure  indorser, 118 

chattle  mortgage  requiring  sale  to  be  made, 118 

conditional  clause  as  to  possession, 119 

renewal  of  chattel  mortgage, 120 

notice  of  sale  on  chattel  mortgage, 120 

agreemen'.of  tenant  and  plcdg-j  of  property, 386 

lease  and  chattle  mortgage,.... 3S9 

see  "Fees  of  Officers.'' 


598 


INDEX. 


BONDS—  PAOB. 

practical  remarks, 121, 122 

assignment  of, .  77 

common  bond, 122 

bond  of  two  obligors, .  123 

bond — several  payments, . . .  123 

bond,  with  interest  condition, . ..  124 

bond  to  a  corporation, „ .. 124 

bond  to  executors, 134 

legatee's  bond, 125 

the  same  before  suit, 12G 

indemnity  bond  to  sheriir, 125 

bond  and  warrant  of  attorney  to  conless  judgment, .  127 

bond  to  execute  a  conveyance, 127 

bond  to  discharge  a  bond  and  mortgage, 123 

bond  of  an  officer  of  a  bank,  or  company, 123 

bond  of  indemnity,  to  a  surety, 129 

the  same  on  paying  lost  note, . 12? 

bond  for  performance  of  a  contract  or  agreement, 130 

bottomry  bond, 130 

bond  of  sheritr  and  his  sureties, 430 

bond  of  deputy  sheriff,... 430 

constable's  bond, 430 

bond  of  commissioner  of  highways, 2S4 

tovm  superintendent's  bond, 524 

bond  of  collector  of  school  district, 538 

bond  on  obtaining  license, 233,234,  235 

bond  of  town  collector, 578,579 

arbitration  bond, . . 67 

auctioneer's  bond, . 89 

county  superintendent's  bond, .  473 

general  form  of  an  official  bond, 431 

bond  on  appeal  to  supreme  court  in  proceeding  for  the  admea- 

surementof  dower, 229 

security  on  obtaining  warrant,  or  short  summons,  in  justices' 

courts, . 344 

bond  on  obtaining  an  attachment  in  justices'  courts, 346 

bond  on  adjournment  in  justices'  courts,  different  forms, 348 

recognizance, . 379 

security  for  rent, 385 

the  same  on  proceeding  for  non-payment  of  rent, 400 

bond  by  tenant  on  appeal, 401 

bond  on  appeal  from  justices'  proceedings  where  premises  are 

vacated, — 407 

bond  where  property  has  been  seized  for  the  support  of  indi- 
gent relatives, 476 

bond  on  adjournment  in  case  of  bastardy, 492 

bond  on  order  of  filiation, 493 

bond  on  arrest  in  foreign  county,  in  a  case  of  bastardy, 496  < 

bond  to  prevent  removal  of  goods  attached, .  557 

bond  by  claimant  of  property  attached, . 553 

bond  of  indemnity  to  constable, 559 

BRiDGE- 

Bubscription  to  raise  money  to  build,  .................. ...  42 

Bee  "Highways." 


INDBX.  5^^ 

pxaK. 
BROKER&- 


238 

fees  of, .....———•-—•-—  - 

CATTLE  DISTRAINED  DOING  DAMAGE— 

see  "Fence  Viewers." 


1G7 


CERTIFICATE— 

of  ihe  sale  nf  real  estate  on  execution,  ..-.———-— 

CHATTEL  MORTGAGE— 

see  '•  Bills  of  Sale,  etc." 

CHURCHES-                            ., ,  42 

subscription  to  bulla, ......— .--——— 

certificate  of  incorporation, -— ' 

triennial  report  of  religious  corporation, 

application  to  mortgage  or  sell  real  estate, 

order  of  court  on  the  application, 

see    "  Banks  and  Corporations." 

CLERKS  AND  CRIERS-  ^^ 

practical  remarks, - — _     ' 

proclamations  of  crier, — ,- ^^^'  '^'  ^^ 

forms  of  oalhs,  administered  by  clerk,.. 135, 136,  137,  133,  133 

139 
forms  in  cases  of  felony, 

forms  on  a  trial  for  a  misdemeanor, - 

clerk's  address  on  taking  recognizances, 140,  141 

calling  constables, 

clerk's  entry  on  issuing  an  attachmeiil  against  a  witness, 141 

arraignment  on  an  indictment, -- ----  ** 

forms  for  taking  verdicts,  and  polling  juries,  in  criminal  trials,  142,  143 

forms  for  taking  verdicts,  and  polling  juries,  in  civil  cases,...     143.  114,  145 

entry  of  verdict, 

entry  of  verdict  with  assessment  of  personal  property, 14i> 

entry  of  judgment, 

entry  of  judgment  on  submission, —  — 

certificate  of  money  paid  into  court  by  sherirT, 145 

confession  of  judgment  without  action, 145 

affidavit  verifying  confession, - 

confession  to  secure  against  contingent  liability, '4tj 

entry  of  judgment  on  confession, !■*_ 

certificate  of  filing  notice  of  Lis  Pendens, 14b 

certificate  to  acknowledgment,  or  proof,  of  a  conveyance, 147 

certificate  of  official  character, 

transcript  of  judgment  and  certificate, 

cetitfica;e  to  copy  of  a  record,  or  paper  on  file, 14° 

certificate  to  transcript  of  justice's  judgment, 148 

Bee  "  Debtor  and  Creditor,"  "  FEes  of  Officers,"  "  Ferries," 
"Mechanics'  and  Laborers'  Lien,"  "  Naturalizatio.v," 
"Official  Oath  and  Bond,"  and  Schools." 

CLERKS  OF  SCHOOL  DISTRICTS- 
see  "Schools." 

CLERK  OF  SUPERVISORS— 

fees  of, ^^ 

COLLECTORS  OF  SCHOOL  DISTRICTS— 

fees  of, ^^ 

bond  of, ^^ 

notice 'hat  he  will  receive  taxes, - 

539 
notice  of  levy  and  sale, 


600 


ISVSX. 


COLLECTORS  OF  TOWNS- 

fees  of, ........................................... 

notice  of  supervisor  to, ....................... .. 

bond  of  collector, . ............. 

notice  that  taxes  will  be  received, .. . 

see  "Taxes." 

COMMISSIONERS  OF  DEEDS— 

fees  of, ................................ 

see  "Acknowledgments,  bto." 
COMMISSIONERS  OF  EXCISE— 

fees  of, ....................................... 

see  "Excise." 
COMMISSIONERS  OF  HIGHWAYS— 

oath  of  ofhce, 

fees  of, . . ........ — ..... — 

fees  as  fence  viewers, . ... ..... ......... 

bond  of, — ...... — . . 

appointment  to  fill  vacancy, . 

duties  of  as  fence  viewers,  and  forms......................... 

see  "Highways,"  and  "Strays." 

COMMISSIONERS  OF  LOANS— 

^  fees  of, . ........................... 

COMMISSIONERS  IN  PARTITION— 

fees  of, — ...... 

deed  by, 

COMMISSIONERS  TO  ADMEASURE  DOWER— 

fees  of, ................................... 

see  "Dower." 
COMMON  SCHOOLS— 

see  "  SoHOOLS." 

COMPLAINT— 

see  "Apprentices  AND  Servants,"  "Hiohways,"  "Justices' 
Courts,"  and  "Poor  Laws." 

COMPOSITION- 

with  creditors, ....................... — ........ . 

see  "Debtor  and  Creditor." 

CONSTABLES— 

official  bond, - 

fees  of, . . . 

duties  of  in  the  execution  of  process  from  justices'  courts, 

returns  on  summons, . — 

the  same  on  warrant, — 

the  same  on  attachment, 

copy  of  inventory  on  attachment 

bond  to  prevent  removal  of  goods  attached, 

bond  by  claimant  of  property, 

indorsement  of  levy  on  execution, 

inventory  to  attach  to  execution, - 

bond  of  indemnity  to, - 

receipt  of  goods  taken  on  execution, 

advertisement  of  sale, . 

returns  on  execution, ... 

see   "Justices'  Courts,"   "Landlord  and    Tenant,"    Poor 
Laws,"  and  "Service  and  Return  of  Process." 


VABB 

258 

57S 

578,  579 

580 


an 


241 


430 
241 
246 

284 

283 

2C0-2C5 


242 


241 
164 


207 


430 
242 

553-555 

655,  .556 
55C 

556,  557 
557 
557 
558 
558 
659 
559 
559 
5G0 

560,561 


466 


467 
171 


mDBx.  601 

CONVEYANCES  BY  DEED  AND  MORTGAGE—  «^gg 

practical  remarks, ..... .„  149-154 

simple  deed, jcc 

quit  claim  deed,  different  forms, _  j5g  ^jg 

■warranty  deed,  ditFerent  forms, ,  j55  J57 

full  covenant  deed,  different  forms, I57  J53 

deed  of  land  subject  to  mortgage, .  159 

corporation  deed, __  jgo 

deed  of  nicrtgaged  premises,  on  foreclosure  by  advertisement,.  160 

deed  by  guardian, . jgj 

administrator's  deed, igo 

executor's  deed, 1 . ___  igo 

deed  of  commissioners  in  partition, ..  154 

deed  witii  trust  habendum  clause, „ ____  jgj 

deed  by  trustees  of  an  absconding  debtor, igg 

eheriff's  certifir.ate  of  tlie  sale  of  real  estate  on  execution, 167 

affidavit  of  redeeming  creditor, Igj- 

sheriff's  deed  on  sale  under  execution, Igg 

sheriff's  deed  in  partition, __  Igg 

sheriff's  deed  on  foreclosure, _  j-tq 

deed  of  a  right  of  way, ,-. 

conveyance  of  right  of  way  for  plank  road, 

release  by  supervisor  and  commissioners  to  plank  road  com. 

pany,. 

deed  of  a  water  course, 

deed  of  confirmation,  different  forms, 172  173 

lease  and  release, ,  fr,' ... 

,     .     ,        ,                         -  1/3,  174 

deed  of  exchange  of  lands, ,-. 

deed  of  pew  in  a  church, ,-.- 

deed  of  gift,  different  forms, "  f,.., 

agreement  respecting  party  wall, ~.q 

mortgage,  usual  form. ,„, 

,                ,          ,         '               "" 1/5 

lor  part  of  purchase  money, _  j^g 

■wilh  covenant  to  pay, ,-„ 

with  fire  clause, ,-^ 

....  I7t> 

with  mterest  clause, ___  ,~y 

by  husband  and  wife, j.q 

by  corporation, _    _  ,-„ 

to  corporation, ,™ 

as  security  on  note, .p,) 

to  secure  indorser, ,q, 

to  executors, .^ 

on  lease  by  an  assignee, .  jg, 

notice  of  sale  on  foreclosure  of  mortgage  by  advertisementj!."  184 

affidavit  of  publication  of  the  notice, Igs 

affidavit  of  posting, .gt 

affidavit  of  serving  notice  on  parties  interested, 186 

affidavit  of  auctioneer, jgg 

notice  to  accompany  copy  of  notice  of  sale, 13; 

see  "ACKNOWLEDr,MENTS,ETC.,"  "ASSIGNMENTS,"  '-COVENANTS,'' 

"Homestead  Exemption  Law,"  "  Landlord  and  Tknant," 
and  Receipt  and  Release." 

CORPORATIONS— 

see  "  BANK3  AND  Corporations." 


602 


INDEX. 


CORONBRS- 

practical  remarks,. ...... 

fees  of, 

oaths  to  be  administered  by  a  coroner, 

inquisition,  different  forms, 190, 191,192,193, 

warrant  to  be  issued  by  a  coroner, . 

examinations  before  coroner,  or  coroner  and  jury, . 

annual  statement  to  board  of  supervisors, 

COUNTY  CLERKS- 

fees  of, . 

see  "Clerks  and  Criers,"  "  Debtor  and  Creditor,"  "Fer- 
ries," Mechanics'  and  Laborers'  Lien,"   "Naturaliza- 
tion," "  Official  Oath  and  Bond,"  and  "Schools." 
COUNTY  JUDGE— 

fees  of, . 

see    "Acknowledgments,  etc.,"   "Debtor  and  Creditor," 
"Dower,"  "  Highways,"  "Landlord  and  Tenant,"  "Luna- 
tics," and  Plank  Roads." 
COUNTY  SUPERINTENDENTS  OF  THE  POOR— 

fees  of,..L , . ..... ... 

official  bond, 

see  "Apprentices  and  Servants,"  "  Poor  Laws,"  and  "Town 
Auditors." 
COUNTY  TREASURER— 

fees  of, ... . ........ 

warrant  under  act  of  1S46, . ........ ...... 

COVENANTS— 

practical  remarks, . ..... 

general  forms  of  covenants, . . . . 

covenant  of  seizin,  different  forms, .... 

several  covenant  of  joint  grantors, . . 

covenant  against  incumbrance, . 

for  further  assurance, 

for  quiet  enjoyment, . 

by  tenant  for  life,  and  tenant  in  fee  of  the  reversion,.... . 

mutual  and  dependent  covenant, . — ...... 

independent  covenants, ........ 

CRIERS— 

fees  of, ................ — .............. 

see  "  Clerks  and  Criers." 

DEBTOR  AND  CREDITOR— 

practical  remarks, . .— . . ...... 

letter  of  license  to  a  debtor, . 

composition  with  creditors, ... 

petition   of  insolvent  and  his  creditors  under  two-third  act, 

and  accompanying  forms, . 

order  for  creditors  to  show  cause, 

notice  to  be  published, 

notice  to  be  served, - - 

proof  of  service, ... .. 

order  for  assignment, •. 

assignment  and  acknowledgment, — 

oath  of  assignee,  and  notice, •-- 

certificate  of  assignee,  and  affidavit  of  execution, 

certificate  of  county  clerk  that  assignment  has  been  recorded,. 


PAOB. 

188, 189 
243 
190 

194,  195 
196 

196,  197 
197 

238 


244 


!94f 
473 


245 

580 

198, 199 
199,200 
200 
200 
200,201 
201 
201 
201 
202 
203 

246 


203-206 

205 
;207 

208,  209 
211 
211 
212 
212 
212 
213 
214 

214, 21 P 
216 


INDEX 


603 


DEBTOR  AND  CREDITOR—  paob. 

discharge  of  insolvent, .—,...... 215 

petition  under  non-imprisonment  act,  after  suit  commenced, 

and  accompanying  forms, 210,217,218 

order  for  assignment, 218 

assignment  and  certificate, 218,219 

discharge, 219 

affidavit  on  application  for  appointment  of  trustees  of  the  estate 

of  a  debtor  confined  for  crime, 220 

appointment  of  trustees  and  oath, ^0,  221 

see  "Receipt  and  Release." 

DEEDS— 

see  "Agreements  and  Contracts,"  "  Conveyances  bt  Deed 

AND  Mortgage,"  and  "  Gifts." 

DISORDERLY  PERSONS— 
see  "  Poor  Laws." 

DISTRICT  CLERKS— 

see  "  Schools." 
DISTRICT  COLLECTOR— 

see  "Collectors  op  School  Districts." 

DOWER— 

practical  remarks, .........  222-225 

assignment  of  dower, . .  225 

release  of, , .  226 

petition  for  admeasurement  of, .  226 

notice  to  annex  to  petitions, 227 

notice  by  heirs,  or  owners, ....  227 

petition  for  admeasurement  by  heirs  or  owners, .  227 

order  for  admeasurement, .. 227 

oath  of  commissioners, ... ..  223 

commissioner's  report, . , ...  228 

appeal  to  supreme  court,  and  bond, 223 

see  "Husband  and  Wife,"  and  "Wills." 
DRUNKARDS— 

see  "  Poor  Laws." 

DUE  BILL— 

form  of,  for  goods, . .  103 

EXCHANGE— 

see  "Bills  op  Exchange,"  etc.,  and  "  Conveyances,"  etc. 

EXCISE- 

practical  remarks, 230,  231 

notice  of  special  meeting  of  board, .  282 

form  of  minutes  of  board  of  excise, 232 

license  to  tavern  keeper  to  sell  spirituous  liquors, 233 

bond  of  tavern  keeper, ...  233 

license  to  tavern  keeper  under  actof  1&13, .  234 

bond  on  obtaining  above  license,.... 234 

grocer's  license, 234 

grocer's   oond, 335 

see  "  Poor  Laws." 
EXECUTION— 

see  "Highways,"  Justices' Courts,"  "  Landlord  and  Ten- 
ant," "Mechanics'  and  Laborers'  Lien,"  "Poor  Lawb," 
"Service  and  Return  op  Process,"  and  "Taxes." 


904 


INDEX. 


L-fECUTORS- 

fees  of, 

norainaiion  of  in  will, 

bond  to, 

deed  from, 

mortgage  to, 

acknowledgment  by, 

satisfaction  of  mortgage  by, 

description  of  suit, .— 

lease  of  legacy, 

legatees'  bond, - 

EXEMFTION- 

of  homestead  from  sale  on  execution, . 

of  personal  property,.... .. 

from  taxes, 

waiver  by  tenant, 

FEES  oi^  OFFICERS— 

practical  remarks, 

arbitrator's   fees, 

assessor's  fees, ^ 

*  auctioneer's  commission, 

broker's  fees, 

county  clerk's  fees, 

clerk  of  the  board  of  supervisors, 

commissioners  to  take  testimony  in  justice's  courts, 

commissioners  to  make  partition,  or  admeasure  dower,. 

commissioner  of  deeds,. 

commissioners  of  excise, 

commissioners  of  highways, 

commissioners  to  loan  deposit  fund, 

constable's  fees, --. 

coroner's  fees, 

county  judges'  fees,  in  special  cases, 

county  superintendents  of  the  poor, 

county  treasurer's  fees, 

crier's  fees, 

executor's  and  administrator's  fees, 

fence  viewer's  fees, 

juror's  fees, . 

justices  of  the  peace, 

notary's  fees, 

overseers  of  the  poor, 

overseers  of  highways, 

pound  master's  fees, 

printer's  fees, 

referees'  fees, 

register  of  deeds  in  the  city  of  New  York, 

school  district  collector's  fees, 

sealers  of  weights  and  measures, 

sheriff's  fees, - 

supervisor's  fees, 

.surrogate's  fees, 

surveyor's  fees, 

town  clerk's  fees, 

tovTO  collector's  fees,. .' . 


2i6 

590 
124 
163 
182 
15 
22 
343 
513 
125,  126 

329-333 
554 
573 
387 

236,237 
237 
238 
238 
238 
238 
240 
241 
241 
241 
241 
241 
245 
245 
243 
244 
245 
^9 
246 
246 
246 
316 
247 
24£ 
249 
250 
250 
250 
250 
250 
251 
251 
251 
254 
255 
257 
258 
258 


IKDBZ.  905 

9 

FEES  OF  OFFICERS—                                     ''  PAOB 

trustees  of  debtora, . 259 

witnesses'  fees, ... . 259 

FENCE  VIEAVERS— 

practical  remarks, . 260-2G2 

certificate  wliere  stray  is  not  redeemej, 263 

of  charges  for  keeping  strays, 263 

of  value  of  fence  built  by  an  adjoining  owner, _ 263 

on  hearing  disputes  between  owners  of  adjoining  lands, 264 

of  damages  where  division  fence  is  out  of  repair, 264 

where  cattle  are  distrained  doing  damage, 265 

certificate  of  consent  to  remove  division  fence,  and  notice, 285 

certificate  that  sheep  or  l^mbs  were  killed  by  dogs......... 266 

see  "Strays." 

FERRIES— 

practical  remarks, ...  2W,  263 

application  for  a  ferry, 268 

notice  of  the  application, .  269 

recognizance, 269 

license, 270 

clerk's  certificate, 270 

FORCIBLE  ENTRY  AND  DETAINER— 
see  "Landlord  and  Tenant." 

FORECLOSURE  OF  MORTGAGE— 

notice  of  sale  on  chattel  mortgage, .  120 

advertisement  of  sale  on  foreclosure  of  mortgage  on  real  estate,  184 

affidavit  of  publication, 183 

affidavit  of  posting, 1S5 

affidavit  of  auctioneer, 186 

notice  to  persons  interested, 187 

deed  on  foreclosure, 160 

SIFTS- 

practical  remarks, 271 

deed  of  gift  of  personal  estate, 272 

the  same,  of  real  estate, 272 

GRANTS— 

see  "  Conveyances  by  Deed  and  Mortgage,"  "  Gifts,"  and 
"Landlord  and  Tenant." 

GUARANTY— 

see  "Bills  of  Exchange  and  Promissory  Notes." 

GUARDIAN— 

deed  by, 161 

HIGHWAYS— 

practical  remarks, 271-233 

appointment  of  commissioners  to  fill  vacancy, 283 

commissioner's  bond, 284 

fees  of  commissioners, -  241 

order  for  ascertaining  road  imperfectly  described,  or  not  re- 
corded,   285 

annual  account  to  town  auditors, 285 

statement  and  estimate  for  supervisor, -  288 

notice  of  application  to  raise  additional  sum, 2S6 

order  dividing  town  into  districts, —  288 

appointment  of  overseer  to  fill  vacancy, 287 

overseer's  list, 28f 


606  INDEX. 

HIGHWAYS— 

list  of  non-resident  lands, .. 

ass^sment  of  highway  labor, 

appeal  to  three  judges  by  a  non-resident, 

notice  to  commissioner  of  appeal, 

commissioner's  consent  to  work  in  another  district, 

overseer's  warrant, 

,  new  assessment  by  overseer, 

overseer's  notice  to  agent  of  non-resident,. 

notice  to  work  in  case  of  non-residents, 

assessment  for  a  scraper, 

complaint  against  an  overseer,  and  security, 

assessment  of  persons  omitted  in  the  regular  list, 

appeal  from  assessment  of  overseer, 

complaints  for  refusing  to  work,  or  furnish  team, 

summons  for  refusing  to  work, 

conviction  on  complaijit,  and  warrant  to  collect  fine, 

overseer's  list  of  non-resident  lands  for  supervisor,  and  affida- 
vit,...  

annual  account  of  overseer,  and  oath, 

application  for  alteration  of  a  road,.... 

consent  of  parties  to  accompany  application, 

application  to  lay  out  new  road, 

order  altering  a  highway, 

release  by  owner  of  land,  on  laying  out  highway, 

notice  nf  application  to  lay  out  a  highway, 

freeholder's  certificate, 

notice  to  occupant,  on  application  to  lay  out  a  highway, 

order  laying  out  highway,  without  the  consent  cf  the  owner  of 

land, 

agreement  as  to  damages  on  laying  out  highway, 

application  to  county  courts  to  appoint  commissioners  to  assess 

damages, .... 

appointment  of  commissioners, . 

notice  to  commissioners  of  their  appointment, 

oath  of  commissioners, 

oath  of  witnesses  before  commissioners, 

assessment  of  commissioners, 

notice  of  re-assessment, 

notice  to  town  clerk  to  draw  jury, 

certificate  of  drawing  jury, 

summons  of  justice, 

oath  of  jurors  and  witnesses, 

verdict  of  jury, 

certificate  of  justice, .- 

application  to  discontinue  old  road, 

oath  to  freeholders, 

certificate  to  discontinue, - 

order  discontinuing  road, . 

appeal  to  county  judge  from  the  determination  of  a  commis- 
sioner,   

appointment  of  referees  by  county  judge, 

appointment  of  referees  by  a  justice  of  the  sessions, 

notice  to  referees  of  their  appointment, 

notice  by  referees  to  the  commissioner, - - 

notice  lo  appellant,  or  appliganl, — - 

subpoena  on  an  appeal, — — 


PASS. 

287 


269 
289 
289 
290 
299 
291 
291 

291, 29i 
292 
293 
293 
294 

294,  295 

295,296 
296,  297 
297 
298 
298 
298 
299 
299 
299 
300 

300 
301 

301 
30? 
302 
302 
303 
303 
303 
304 
304 
305 
305 
305 
306 
306 
306 
307 
307 

3C(7 
SOS 
308 
309 
309 
3()9 
310 


INDE3C 


60- 


mCHWAYS-  PAGR. 

oath  of  referees  anJwimess, 31C 

decision  of  referees  on  an  order  in  relation  to  altering  ordis- 

cojitinuing  a  road, 310 

decision  on  order  refusing  to  lay  out  a  road, 311 

notice  to  remove  fences,  after  a  final  decision, 311 

order  to  remove  fences,  in  a  case  of  encroachment,  and  notice 

to  occupant, 312 

precept  to  summon  freeholders  in  a  case  of  encroachment,  and 

other  forms  on  the  inquiry, 313,31) 

warrant  to  collect  costs  in  a  case  of  encroachment, 3U 

order  of  commissioners  of  adjoining  towns  for  laying  out  high- 
way,....  315 

application  for  a  private  road,  and  notice  to  the  occupant, 315,  316 

notice  to  town  clerk  and  persons  interested  for  re-assessment,.  316,  317 
HOLDING  OVER  BY  TENANT— 

see  "  Landlord  and  Tenant." 
HOUSE- 

see  "  Landlord  and  Tenant,"  and  "  Town  Houses." 
HUSBAND  AND  WIFE— 

practical  remarks, . .  318-322 

short  form  of  marriage, 322 

marriage  certificate, 322 

certificate  of  proof,  or  ack-nowledgment, 323 

oath  of  witness  to  a  marriage,  or  to  a  certificate, 323 

marriage  articles, 303 

settlement  in  contemplation  of  marriage, '  324 

ante-nuptial  agreement, 326 

jointure,  in  lieu  of  dower......... 307 

articles  of  separation, 328 

see  "Dower,"  and  "Wills." 
INSOLVENT  LAW- 

see  "Debtor  and  Creditor." 

JUDGMENT— 

satisfaction  of, .  24  25 

release  of  real  estate  by  judgment  creditor, 512 

assignment  of  judgment, . 77  73 

HOMESTEAD  EXEMPTION  LAW— 

practical  remarks, . 339  330 

clause  in  a  deed  of  property  to  be  exempt, 330 

notice  to  county  clerk  and  acknowledgment, 330,  331 

release  or  waiver  of  exemption, 331 

oath  to  jurors   by  she ri IT, 33] 

certificate  of  jurors  setting  off  part  of  exempt  premises, 332 

certificate  that  property  cannot  be  divided, 332 

notice  of  the  sheriff  to  debtor, 333 

JURORS- 

fees  of, n^Q 

see  "Highways,"  "JnsriCEs'  CotJiiTs,"  and  "Landlord  and 

Tenant." 

JUSTICES'  COURTS— 

practical  remarks,.. .„ , 334-341 

summons, . , ojo 

affidavit  for  short  summons,  different  forms, 342 

description  of  parties  suing  in  a  particular  character, 343 


608 


INDEX. 


•PSTICES'  COURTS-  PAO«. 

affidavit  for  warrant  in  an  action  for  wrong...................  343 

the  same,  in  an  action  on  contract, 344 

Becurity  on  issuing  warrant,  or  short  summons,  diirerent  forms,  344 

warrant  in  a  civil  action .  349 

application  for  an  attachment,  and  forms  of  affidavits, 315,346 

bond  on  atlachment, . 346 

attachment,. 317 

bond  on  adjournment,  different  forms, . 348 

alTiilavil  of  justification  of  bail, 348 

complaint  in  an  action  arising  on  contract, .  349 

complaint  for  injuring  personal  property, 349 

complaint  for  breach  of  warranty, ...  349 

complaint  for  fraud  or  deceit, .  350 

complaint  for  conversion  of  personal  property, 350 

complaint  for  injury  to  real  property, 350 

complaint  by  an  assignee, .  351 

answer  of  defendant, .  351 

answer,  with  notice, ...  351 

oaths  on  application  for  adjournment, - .  352 

examination  of  witness,  on  defendant's  application  for  an  ad- 
journment,  -  352 

subpoena, 352 

subpoena,  on  application  for  an  attachment, 353 

subpcena  for  special  sessions, 353 

affidavit  of  service  of  subpoena, ,...  353 

.     oath  to  party  proving  service  of  subpcena, ..  354 

attachment  for  a  witness, .  354 

notice  of  the  application  for  a  commission,  and  necessary  oaths,  354,  355 

commission,  and  forms  for  the   commissioner, .  355,356 

venire,  and  oath  on  objection  to  the  service  by  a  constable,....  357 

forms  of  oaths  on  the  trial  of  a  cause, 357,358 

written  confession  of  judginent,  and  affidavit, 358 

transcript  of  judgment, .  359 

execution,  and  renewal, 359,  360 

complaint  to  obtain  surety  of  the  peace,  and  other  forms  on 

application  for  peace  warrant, - 360,  361 

complaint  for  assault  and  battery,  and  warrant, 3G1,  362 

general  form  of  a  warrant, - 362 

complaint  for  larceny  and  warrant, - 362,  363 

complaint  for  murder,  different  forms,... 363,  364 

complaint  for  poisoning, 363 

complaint  against  accessory  after  the  fact, 364 

complaint  for  arson,  different  forms, 365 

complaint  for  setting  fire  to  grain  growing, - 366 

complaint  for  manslaughter,.. .  306 

complaint  for  killing  an  unborn  child,  different  forms, 366 

complaint  for  rape,  dilierent  forms, 367 

comjilaint  for  assault  with  intent  to  conmiit  a  rape, 367 

complaint  for  forcible  abduction  of  female, 367 

conijilaint  for  enticing  away  female  under  fourteen  years, .  364 

complaint  for  mayhem  or  maiming, — ..  363 

complaint  for  child  stealing, -  368 

complaint  for  abandoning  child, ....  369 

complaint  for  shooting  at  with  Intent  to  kill,  <&c., 369 

complaint  for  assault  with  deadly  weapon,...- .— .  369 


INDEX. 


609 


JUSTICES'  COURTS—  paob 

complaint  for  poisoning  footl, -  370 

complaint  for  poisoning  well, 376 

complaint  for  assault  with  intent  to  rob, 370 

complaint  for  burglary,  dilferent  forms, -  371 

complaint  for  constructive  burglary. 372 

complaint  for  forgery,  dilferent  forms, 372,  373 

complaint  for  passing,  or  oflering,  counterfeit  bank  notes, 373 

complaint  for  counterfeiting,  or  altering,  bank  notes, 373 

complaint  for  obtaining  property  by  false  token,  or  by  falsely 

personating  another, ' 373 

complaint  for  obtaining  money  or  property,  by  false  pretences,  374 

complaint  for  robbery, 374 

complaint  for  embezzlement, 374 

complaint  for  receiving  stolen  goods, 375 

complaint  for  perjury, - -  375 

complaint  for  bigamy, - 375 

complaint  for  knowingly  marrying  another's  wife, 376 

complaint  for  maliciously  poisoning  an  animal, 376 

complaint  for  malicious  trespass,  or  girdling  trees,.. 37S 

complaint  for  procuring  abortion, 377 

complamt  for  making  an  affray, 377 

complaint  for  cruelly  to  animals, -  377 

complaint  for  a  rout  or  riot, 377 

complaint  for  selling  unwholesome  food,. 373 

complaint  for  disturbing  religious  meeting,. 378 

complaint  to  obtain  searcti  warrant,  and  warrant, 378,  379 

oath  of  complainant,  or  witness,  on  a  complaint, 379 

recognizance  in  justices'  courts, 379 

record  of  conviction  at  special  sessions, 3S0 

commitment  from  special  sessions, .  380 

see  "Acknowledgments,"  etc.,  "Apprentices  and  Servants," 
"Fees  of  Officers,"  "Highways,"  "Husband  and  Wipe," 
"Landlord  and  Tenant,"  "Official  Oath  and  Bond," 
"Pension  Vouchers,"  "Poor  Laws,"  "Service  and  Rb- 
TURN  OF  Process,"  "Town  Auditors,"  and  "Town  Houses." 

JUSTICES  OF  THE  PEACE— 

fees  of, . — ...... — ...—. .  tif 

see  "Justices'  Courts." 
LABORERS- 

see  "Mechanics'  and  Laborers'  Lien." 

LANDLORD  AND  TENANT— 

practical  remarks, .... .........  331-396 

landlord's  certificate  of  renting, . ..  385 

tenants'  agreement, 385 

security  for  rent, -.-  385 

landlord's  certificate,  tenant  not  to  underlet,  &c., —  386 

tenant's  agreement  not  to  underlet, .  3?6 

tenant's  agreement  and  pledge  of  property, — -  3S6 

landlord's  certificate  and  tenant's  agreement  under  exemption 

act  of  1842, - 387 

agreement  for  lease,.. 38? 

lease  and  chattel  mortgage, 389 

agreement  between  housekeeper  and  lodger, —  390 

indenture  of  lease 391 

39 


•10  INDKZ. 

LANDLORD  AND  TENANT-  PAOS. 

farming  lease  on  shares,.... ...„..„ 392 

surrender  of  a  term  of  years, 393 

surrender  of  lease  to  the  lessor, ........  394 

conveyance  by  lease  and  release, 173,174 

^            mortgage  on  lease, .  1S3 

assignment  of  lease, . ..  80,81 

power  of  attorney  to  collect  rents, . _.........  504 

notice  to  quit,  by  landlord, . . *..........  394 

notice  to  quit,  by  tenant, . . . 395 

notice  to  quit,  where  commencement  of  tenancy  is  uncertain,..  395 

notice  to  quit  or  pay  double  value, ............  395 

notice  of  intention  to  re-enter  under  law  of  1846......... 396 

affidavit  of  holding  over, ■  396 

summons  to  remove  tenant  holding  over,  and  other  forms  ne- 
cessary in  this  proceeding, 396,  397 

affidavit  of  default  in  paying  rent,.,.. ......  393 

summons  and  other  forms  in  preceding  case,... 398,  399 

affidavit  to  oppose  issuing  warrant  of  removal, ..  399 

precept  for  a  jury  where  the  removal  is  opposed,  and  other 

forms  on  trial  before  jury, .-» 3?9  JiX) 

security  for  rent,  on  proceeding  for  non-payment, .  400 

notice  to  remove,  in  case  of  tenancy  at  will, .  401 

affidavit  for  summons  against  tenant  at  will,  and  other  forms  in 

the  proceeding  to  remove, .  401,402 

affidavit  for  appeal  to  county  court, ......„..,  4D3 

notice  of  appeal, . . . .  404 

undertaking  an  appeal, .  404 

petition  and  affidavit  where  premises  are  vacated,.... .....  405 

notice  and  record  of  justice, „. .  405,406 

bond  on  appeal, — . ............  407 

notices  to  justice  and  landlord, ...........  407 

complaint  for- forcible  entry,  and  affidavit, 403 

precept  to  summon  jury  of  inquiry,  and  other  forms,...- 408,409,410 

venire  for  petit  jury  in  preceding  case, . _...._  410 

warrant  to  make  restitution, . . . ...  411 

complaint  for  forcible  detainer,  or  holding  out,  and  affidavit,..  412 
see  "Acknowledgments,"  etc. 

LEASE— 

forms  of, 385,  386, 387,  389,  391.392 

LEGACY— 

release  of, ..... — .._......_...............  613 

bequest  of,  in  will, ......_._.._......_.....  689 

bond  of,  _ ~ ~ ~. ~  125 

the  same  before  suit, ...«.._. _.._.......~.^.  126 

power  to  receive  legacy, ...............  504 

release  of  legacy, .. .-_. — .._.._.........._.  613 

bequest  of  legacy  in  will, — .................................  689 

LETTER  OF  ATTORNEY— 

see  "  Powers  of  Attornbt." 

UBRARIAN- 

see  "Schools." 


LEGATEE— 


IKDEX.  011 

riCENSE-  "M. 

letter  of,  to  a  debtor, ~ _  206 

•f  tarern  keeper  to  sell  spirituous  liquors, 233 

•f  tavern  keeper  under  act  of  1843, ..  234 

grocer's  license, — 234 

to  keep  ferry, . .  27fi 

UEN- 

eee  "Bills   op   Sale,"  etc.,  "  Landlord  jtno  Tenant,"  and 

"Mechanics'  and  Laborers'  Lien." 

LUNATICS- 

practical   remarks, 413,  414 

request  to  superintendent  of  the  asylum, 411 

certificate  of  physicians,  to  accompany  request,. .  414 

application  to  county  judge,  and  affidavit...... 415 

order  of  judge  on  the  application, ....  415 

subptena  and  other  forms  on  the  inquiry  before  th3  j  udge, 416,417 

■warrant  to  confine  lunatic, 485 

MARRIAGE— 

form  for  the  ceremony  of, . 322 

certificate  of  marriage, 322 

acknowledgment,  or  proof,  of  certificate, 323 

oath  of  witness  to  a  marriage,  or  certificate, , 323 

articles  of  marriage, 323 

marriage  settlement, 394 

ante-nuptial  agreement, . .  326 

jointure,  in  lieu  of  dower, ....  327 

articles  of  separation, ..„.  338 

Bee  "Dower,"  "Husband  and  Wife,"  and  "Wills." 

MECHANICS'  AND  LABORERS'  LIEN— 

practical  remarks, 418,419,  420 

notice  of  filing  specification, ... . .  420 

notice  of  filing  contract, ..i 420 

notice  to  appear  and  submit  to  account,  &c., 420 

notice  to  produce  bill  of  particulars  of  offset, ._._. 421 

statement  by  laborer  and  contractor, . ............. .  421 

writ  of  inquiry  from  court, _.... 421 

affidavit  for  execution, . . 422 

execution  by  county  clerk, 423 

MORTQAGE- 

satisfaction  of, _  22,23,24 

bill  of  sale,  different  forms, . . 

chattel  mortgage,  different  forms,.... . 115, 116,117,  118,  119 

renewal  of  chattel  mortgage, .. .......... 120 

notice  of  sale  on  chattel  mortgage, ........ ...  120 

mortgage  of  real  estate,  usual  form, ..... .._. ..  175 

for  part  of  purchase  money, 176 

with  covenant  to  pay, ..... ........ ..  176 

with  fire  clause, .  176 

with  interest  clause, 177 

by  husband  and  wife, 178 

by  corporation, . 179 

u  corporation, 180 

as  Becurity  on  note, _ ...„  180 

to  secure  indorser, .  181 

to  executors, ..  182 

on  lease  by  an  assignee. >83 


612  mrosx. 

MORTGAGE—  FAO*. 

assignment  of,  diflerent  forms,.... .......................  79,80 

lease  and  chattel  mongage, .. .................  386,389 

forms  on  foreclosure  of,  by  advertisement, ........ .184, 185, 186, 187 

NATURALIZATION- 

practical  remarks, 424  425 

declaration  of  intention,  and  clerk's  certificate, .  425 

oath  of  alien, .  426 

affidavit  of  alien  under  eighteen  at  the  time  of  his  arrival, .  426 

oatli  to  support  constitution,  &c., . .....  426 

proof  of  good  behavior, . ..  427 

declaration   of  intention  to  become  a  citizen  for  three  years 

past, 427 

certificate  of  citizenship, ..  427 

deposition  of  alien  in  order  to  hold  real  estate, .......  428 

NOTARY- 

fees  of, 249 

forms  of  protests,  notice,  and  certificate  of  service, .....  103, 109, 110 

general  form  of  notarial  certificate, 110 

NOTES- 

forms  of, 106, 107 

OATH— 

see  "Clerks  and  Criers,"  "Highv7Ays,"  "Justices'  ConRis," 
"Landlord  and  Ten'ant,"  "Official  Oath  and  Bond," 
and  "Poor  Laws." 

OFFICERS- 

see  "Fees  of  Officers,"  and  "Official  Oath  and  Bond." 

OFFICIAL  OATH  AND  BOND— 

practical  remarks, . .......................  429 

official  oath, 430 

notice  of  acceptance  of  a  town  office, . .........  430 

constable's  bond, .....  430 

sheriff's  bond, . ........  430 

oath  of  Eherifl''s  sureties, . .....  431 

bond  of  a  deputy  slierifT. . ...  431 

general  form  of  an  official  bond,.... ................  432 

ORDERS— 

forms  of, .............................  108 

OVERSEERS   OF  HIGHWAYS— 

notice  of  acceptance  of  office,... .............<............  430 

fees   of, 850 

see  "Highways." 
OVERSEERS  OF  THE  POOR— 

oath  of  office, .............. ............  430 

fees  of, 219 

see  "Apprentices  and  Servants,"  and  "  Poor  Laws." 

PARTITION— 

deed  of  commissioners,.... ..........................m  164 

deed  of  sheriff, 169 

fees  of  commissioners, .....  241 

PARTNERSHIP- 

practical  remarks, * ................ — .....  433  435 

articles  of  co-partnership,  general  form, 436 

the  same,  between  country  mercliants,..., 437 

agreement  to  renew  partnership, .............  439 


IlfDEX. 


613 


PARTNERSHIP-  pagb. 

agreement  of  dissolution, . 433 

certificate  of  limited  partnership, 439 

acknowledgment  of  the  certificate, 440 

affidavit  of  general  partner, 440 

order  for  publication  of  notice, ..- 440 

notice  to  be  published, 441 

PATENTS-  .,„   .,„   ... 

uractical  remarks, 442,  443,  444 

petition  for  a  patent, -- 444 

specification,  different  forms, 444,445 

oath  to  specification, 446 

application  for  patent  for  a  design, 446 

certificate  of  deposit  of  patent  fee, - 447 

withdrawal  and  receipt, - --  447 

surrender  for  re-issue - -—  447 

assignment  of  patent,  different  forms, 447,  448,  449 

disclaimer, - 450 

caveat, 450 

addition  of  new  improvements, 451 

oath  on  restoring  drawings, -  451 

PENSION  VOUCHERS— 

practical  remarks, — 452,  453 

affidavit  of  pensioner, - 454 

magistrate's  certificate,  where  pension  has  remained  unclaimed 

for  fourteen  months, 454 

certificate  of  the  clerk, 455 

power  of  attorney  to  draw  pension,  and  acknowledgment, 455 

oath  of  the  attorney, -  455 

affidavit  of  guardian  of  pensioner, 456 

affidavit  by  a  widow,  a  pensioner, 456 

affidavit  of  a  widow  under  act  of  1S43, 457 

oath  of  identity  for  the  widow  or  child  of  a  deceased  pen- 
sioner,  ^ —  457 

power  of  attorney  for  widow  or  child  of  deceased  pensioner,..  453 

certificate  of  court  to  death  of  pensioner, 458 

evidence  where  certificate  is  illegally  withheld, 453 

certificate  of  magistrate  and  clerk, 459 

PLANK  ROADS- 

practical  remarks, -«  4dU-4M 

notice  of  subscription, -  464 

articles  of  association, ■ 464 

scrip  certificate, 465 

affidavit  of  amount  of  stock  paid  in, 466 

notice  of  application  to  board  of  supervisors, 466 

conveyance  of  right  of  way  by  owner, -  46C 

consent  of  inhabitants, 467 

release  of  right  of  way  by  supervisor  and  commissioners, 467 

acknowledgment  of  a  survey, - — -  463 

notice  to  pay  in  installment, - 463 

proxy, - 95 

notice  of  drawing  jury  to  assess  damages, 468 

notice  of  meeting  of  jury,.... -  469 

yOOR  LAWS-  ^,„  ^„ 

practical  remarks, 470473 

bond  of  county  superintendent, 473 


614  INDEi 

POOE  LAWS-  PAoa 

application  to  compe)  the  support  of  a  poor  relative, .  474 

notice  of  the  application,  and  affidavit  of  service, 474 

warrant  to  seize  goods   of  an  absconding  father,  husband  or 

mother,  and  other  forms  in  the  proceeding, 475,  476 

order  to  discharge  warrant  and  restore  property, .  476 

notice  from  one  town  to  another  to  provide  for  the  support  of 

a  pauper, 477 

notice  that  the  settlement  will  be  contested,  and  other  forms,  on 

the  trial  before  the  superintendents, .' _.  477,  478 

superintendent's  notice  that  pauper  will  be  supported  at  the 

expense  of  a  town, ' .  473 

decision  of  superintendents  on  re-examining  settlement, .  479 

certificate  of  superintendent  that  a  person  is  a  county  pauper,  479 
notice  of  hearing  on  the  certificate,  before  the  board,  and  other 

forms  on  the  investigation, 479.  480 

order  of  overseer  to  remove  pauper  to  county  house, . -  481 

certificate  of  keeper  of  poor  house  for  expense  of  removal, 481 

superintendent's  order  to  expend  over  ten  dollars, .  481 

notice  of  improper  removal  of  pauper  from  another  county, 481 

annual  report  of  the  superintendents  to  the  secretary  of  state,  462 
supervisor's  report  for  a  town,  where  all  the  poor  are  not  a 

county  charge, 483 

complaint  against  a  beggar,  or  vagrant, .  483 

warrant,  record  of  conviction,  and  commitment  on  the  same,..  483,  484 

warrant  to  commit  a  child  to  the  county  house, .....  485 

consent  by  overseers  to  bind  child, „  50 

warrant  to  confine  a  lunatic, ....  48S 

designation  of  habitual  drunkard,  and  notice, ...  48f 

notice  to  overeer   that  the  fact  of  drunkenness  will  be  tried  by 

a  jury,  and  other  forms  necessary  on  the  trial, ...  486,  437 

execution  against  the  drunkard, 487 

execution  against  the  overseer, .  48!> 

revocation  of  overseer  where  drunkard  reforms, . .  48C 

complaint  against  a  disorderly  person,  and  recognizance, ..  488,  4S? 

discharge  of  disorderly  person, ...  489 

jailer's  report  relative  to  disorderly  persons, ..  489 

application  of  superintendent,  or  overseer,  in  case  of  bastardy,  490 

examination  of  mother,  different  forms, . ..  49C> 

warrant  to  apprehend  reputed  father,  and  subpcena, .  491 

bond  on  adjournment, .....  49? 

•rder  of  filiation  on  arrest  in  same  county, .....  493 

bond  on  order  of  filiation, 493 

warrant  to  commit  putative  father, .  494 

warrant  to  release  putative  father  from  jail, .  494 

indorsement  on  warrant  to  be  executed  in  a  foreign  county, 495 

indorsementof  justice  in  foreign  county, .  495 

bond  on  arrest  in  foreign  county,  and  certificate  of  discharge,.  496 
order  of  filiation  in  the  absence  of  reputed  father  arrested  in 

foreign  county, . . ..  496 

warrant  to  commit  mother  refusing  to  disclose  name  of  father,.  497 
summons  where  mother  of  bastard  has  property  in  her  own 

right 498 

•rder  to  compel  mother  to  support  bastard  child, 498 

warrant  to  commit  mother  for  not  pxecuting  bond, 499 

warrant  to  sizee  property  of  absconding  father, ......  5U0 


IKDSX  41S 

f  OOR  LAWS-  '*«■ 

order  rcducin?  sum  in  the  order  of  filiation, 500 

notices  of  application  to  the  court  of  sessions  to  increase,  and 

reduce  sum,.- ""' 

notice  of  appeal  from  order  of  filiation, 501 

see  "Apprentices  AND  Servants. " 

POUND  MASTERS- 

fees  of, 250 

see  "  Strays." 
POWERS  OF  ATTORNEY— 

practical  remarks,.... ..— • •-  502   503 

general  form  of  power  of  attorney, -  503 

power  to  collect  dcb'.s, 504 

to  collect  rents, -  504 


to  receive  a  legacy, 


504 


to  receive  distributive  share  of  personal  estate, 505 

to  take  charge  of  lands, 506 

to  transfer  stock,.. 95 

to  receive  dividend,.. 96 

to  confess  judgment, 127 

to  draw  pension, 4oo 

tlic  same  by  widow  or  child  of  deceased  pensioner, 456> 

general  power  lo  transact  business, 50w 

general  cusiom  house  power, 507 

power  to  sell  and  convey  real  estate, 507 

power  loeflect  insurance •  507 

subsiiiution  of  an  attorney, —  508 

revocation  of  power, .  508 

PRINTERS- 

fees  of, 250 

allidavii  of  publication  of  notice  of  sale  on  icortgage.......  185 

PROCESS— 

see  "Service  and  Return  of  Process." 

PROMISSORY  NOTES- 

formsof, 106,  107 

PROTEST 

forms  of  protest,  notice,  and  certificate  of  service, IC8,  109,  118 

fees  of  notary, — . - 249 

PROXY- 

formof,and  afTidavit, 9j 

oaih  of  proxy, ! —  96 

RECEIPT  AND  RELEASE— 

firaciical  remarks, 500,  510 

receipt,  ditlcrcnt  form;?, falO,  511 

release  of  all  demands, 511 

special  release, —  511 

release  by  creditor  named  in  an  assignment, .  511 

release  of  part  of  niurigagcd  premises, 512 

release  by  judgment  creilitor, 512 

••clcase  of  legacy 513 

release  to  rcsliwe  conipclcnry  of  witness,  ditrcrciit  forms,.. — .  513,  514 

release  of  dower, . . ..  226 

release  by  owner  of  land  on  altering  highway, ..  299 

release  by  supervisor  and  coininissioncrs  lo  plank  road  com- 
pany,  467 

release  in  pur.suance  of  an  .-ward  of  arbitrators, 71 


616 


INDEX. 


REDEMPTION- 

of  real  estate  by  jndgmont  creditor,  forma  for......... . 

UEFEREES- 

fees  of, ... . ............................... 

see  "  Highways." 

RELEASE— 

lease  and  release, ..... .. . . 

release  of  dower, ............. 

of  owner  of  land  on  laying  out  highway, 

suirender  of  term  of  years, 

surrenderor  lease, . 

releas"  .11  all  demands. 

special  release,.- 

by  creditor  named  iii  assignment, 

01  part  of  mortgaged  premises, . 

by  judgment  creditor, 

of  legacy, 

to  restore  competency  of  witnes.'s,  diflerent  forms, 

release  of  party  to  arbitration  in  pursuance  of  an  award, 

release  by  supervisor  and  coniniissioners  10  plank  road  com- 
pany,  ...... 

REVOCATION— 

.of  submis.=!i6n  to  arbitration, ...... 

of  power  of  attorney, .. . 

SALE— 

see  "Bills   of   Sale,"  etc.,"  Landlord  and  Tenant,"  and 

"Service  and  Return  of  Process." 

SATISFACTION— 

of  judgment, ................. 

of  mortgage, ...... .... ............ . 

SCHOOLS- 

practical  remarks, .. 

town  superintendent's  bond,... . ....... 

notice  of  sujiervisor  to  furnish  additional  security,.... ... 

warrant  appointing  town  superintendent  to  fill  vacancy, .... 

resolution  creating  new  district,.. .. 

consent  of  trustees, . ... 

notice  to  trustees  not  consenting,  and  proof  of  service,.... 

notice  of  the  first  meeting  in  a  district  to  organize, . 

notice  of  sale  of  school  house  by  the  town  superintendent,.... 

apportionment  of  proceeds  of  the  sale, .... 

resolutions  lor  the  alteration,  or  formation,  of  districts,.... 

certificate  to  teacher  by  town  superintendent, ... 

instrument  annulling  the  certificate, . 

annual  report  of  town  superintendent, 

list  of  votes  to  be  kept  by  district  clerk, 

forms  of  minutes  of  |)roceedings  of  district  meetings, 

declaration  to  be  made  by^  i>erson  cliallenged  at  district  meet- 
ing,  ... 

resolutions  relative  to  sale  and  purchase  of  sites,  and  erection 

of  school  house, ... 

order  of  trustees  for  teachers'  wages, 

order  for  library  money, 

account  of  trustees,  and  inventory  of  district  properly, 

annual  estimate  of  trustees, 


PA  OB. 

1G7 


250 


173,  174 
2-i6 
299 
393 
394 
5U 
511 
511 
512 
512 
513 

513,  514 


467 


69 
503 


24,  25 
22,  23,  24 

515-524 
524 
525 
525 
525 
526 

526,  527 
527 
528 
528 

528,  529 
529 
530 
530 
533 
633 

531 

531 
535 
53o 
535,536 
536 


iin)EX. 


617 


SCHOOLS- 

notice  to  be  posted  on  schcol  house  door, . 

tax  list  and  warrant,.... . . . ... 

collector's  bond, .... .................... 

nonce  that  collector  will  veeeive  taxes,.... . ., 

renewal  of  warrant, ......... 

return  of  collector,.... . . .... .. 

notice  of  levy  and  sale  by  collector, 

fees  of  coUeetor, 

verification  of  an  account  for  costs, . 

notice  to  be  served  with  copy  of  the  account, 

order  of  board  of  supervisors, 

notice  to  accompany  copy  of  the  order, ., 

annual  report  of  trustees, . . 

the  same,  where  district  is  formed  out  of  two  or  more  towns,. 

notice  of  district  meeting,  different  forms, 

clerk's  notice  of  election  of  district  officers, 

librarian's  receipt,  and  trustees'  certificate, . 

entry  of  librarian  ia  books  belonging  to  the  district, ., 

form  of  keeping  librarian's  book, 1 

■weekly  roll,  and  quarterly  list  of  teacher, 

teacher's  abstract,  and  account  of  inspections, 

appointment  of  district  officer  to  fill  vacancy  by  trustees, 

appointment  of  a  trustee  to  fill  a  vacancy, 

appeal  to  state  superintendent,  and  affidavits, 

statement  where  parties  agree  as  to  the  facts, . 

notice  to  be  served  with  appeal,  and  proof  of  service, 

answer  to  an  appeal, 

SEALER— 

oath  of  office, 

fees  of,  ....... . 

SEPARATION— 

articles  of, 

SERVANTS— 

see  "Apprentices  and  Servants." 
SERVICE  AND  RETURN  OF  PROCESS— 

practical  remarks, .-...—.................. 

forms  of  returns  on  summons, ..... ...... ...... 

the  same,  on  warrant, . ........... ....... 

the  same,  on  attachment, . ............ 

copy  of  inventory  on  attachment, 

bond  to  prevent  removal  of  goods  attached,.... ...... 

bond  by  claimant  of  property  attached, 

indorsement  of  levy  on  execution, ... 

inventory  to  attach  to  execution, 

bond  to  indemnify  constable, .. 

receipt  of  goods  taken  on  execution, 

constable's  advertisement  of  sale, 

return  to  execution,  different  forms, 

SHEEP— 

injuries  to, ........;..... 

SHERIFF— 

oath  of  office, 

bond, . ............................. 

bond  of  deputy, . 

bond  of  indemnity................. 


PAOB. 

536 

537 
533 
539 
539 
539 
539 
251 
510 
540 
541 
511 
541 
543 

544,545 
545 
546 
546 
546 
547 

547, 54S 
543 
543 

549,  550 
550 
551 
652 

430 
251 

328 


553-555 

555. 556 
556 

556. 557 
557 
557 

.  558 
558 
559 
559 
559 
560 
560,661 

266 

430 
430 
431 
12f 


618  INDEX. 

SHERIFF—  PAOB. 

assignment  of  bail  bond, . ..... 82 

acknowledgment  by  sherifl"  or  deputy, ...  15,  ]6 

certificate  of  the  sale  of  real  estate, . .  167 

affidavit  of  redeeming  creditor, ...  167 

deed  on  sale  under  execution, . ...  168 

deed  in  partition, .............  109 

deed  on  foreclosure  of  mortgage, ..........  170 

fees  of, ...........  25 J 

STEAYS— 

practical  remarks, .... .....  562,563 

note  to  be  delivered  to  town  clerk, 563 

notice  of  sale  where  stray  is  not  redeemed, . ...........  563 

receipt  of  supervisor  for  proceeds  of  sale  of  stray............  563 

see  "Fence  Viewers.' 

SUBSCRIPTION— 

to  raise  money  to  build  church  or  bridge......................  42 

SUMMARY  PROCEEDINGS  TO  RECOVER  LAND— 

see  "  Landlord  and  Tenant." 

SUMMONS— 

see  "Justices'  Courts,"  and  "Service  and  Return  op  Process." 

SUPERVISORS- 

practical  remarks, 664-567 

oath  of  office, 567 

fees  of,- ..  254 

form  of  keeping  supervisor's  book, ..........  567 

certificate  on  examination  of  his  accounts, 563 

certificate  to  accompany  copy  of  entries  in  town  clerk's  book,...  668 

notice  of  special  meeting  of  board  of  excise,,, 232 

forms  required  by  tho  board  of  excise, 232-235 

appointment  of  a  commissioner  of  highways  to  fil.  vacancy,...  233 

report  where  all  the  poor  are  not  a  county  charge, .  483 

notice  to  town  superintendent  to  furnish  additional  security,...  525 

receipt  of  proceeds  of  sale  of  stray, . . .. — .  563 

approval  of  sureties  in  a  bond, . . — ....  569 

list  of  jurors, 569 

list  of  grand  jurors, ..........  570 

tax  bill, 670,  576 

notice  of  election, - ....  570 

alteration  of  election  district, — .. .  571 

division  of  a  new  town  into  election  districts, 571 

notice  of  meeting  to  fill  vacancy  in  office  of  inspector  of  elec- 
tions,  .-  572 

appointment  of  inspector  of  elections  to  fill  vacancy,. -......-  572 

affidavit  verifying  account, .  682 

bond  of  commissioner  of  highways  and  approval, 284 

statement  and  estimate  of  commissioner  for  supervisoTj .  286 

overseer's  list  of  non-resident  lands  for, 287 

constable's  bond,  and  approval....... 430 

town  superintendent's  bond,  and  approval, 524 

see  "Excise,"  "Highways,"  "Taxes,"  "Town  Auditors," 
and  "Town  Houses." 


393 


SURRENDER- 

of  a  terra  of  years, 

of  a  lease  to  the  lessor,... J ..........ji...-  394 

of  patent  for  re-issue, . 447 


I5BIX. 


61» 


257 


SUKROGATE—  »*"• 

fees'of, 256 

see  "  Dower,"  and  "  Wills." 
SURVEYOR— 

TAXE&- 

practical  remarks,.... . . .........._^.... ....—.-.••  573-576 

assessment  roll, . . — ... .. — --  576 

notice  of  completion  of  assessment, -  577 

afBdavit  to  reduce  tax, ..— . 577 

certificate  to  assessment  roll,.... .■ . .-  573 

notice  to  collector, 578 

collector's  bond, • 578 

collector's  bond  under  militia  law, .  579 

notice  of  collector,.^ _.... — ......  579 

county  treasurer's  warrant,.. ..............................  58^ 

see  "Highways." 

TENANT- 

see  "  Landlord  and  Tbnant." 

TOWN  ACCOUNTS— 

see  "Town  Auditors." 

TOWN  AUDITORS- 

practioal  remarks, .._..„.._..„....................  681 

certificate  of  auditors, ..................................  682 

affidavit  to  verify  account, ..............  582 

abstract  of  accounts ..........................  582 

annual  account  of  commissioner  of  highways  to,. ...... ._....  285 

f  OWN  CLERK- 

oath  of  office, ....  430 

fees  of, . ..........  SS6 

see  " Highways,"   "Husband   and  Wipe,"    •'Official  Oath 
AND  Bond,"  "Schools,"  "Town  Auditors,"  and  "Town 
Houses." 
TOWN  COLLECTOR— 

fees  of, „ 258 

bond, _ 578,  579 

notice  that  taxes  will  be  received,... ...... .......  579 

TOWN  HOUSES— 

practical  remarks, .... .........  584 

notice  of  intention  to  propose  resolution, 584 

certificate  of  canvassers  at  town  meeting, 585 

resolution  of  board  of  supervisors, _. ..........  585 

TOWN  SEALER- 

oath  of  office, ..................  430 

fees  of, 251 

TRUST- 

deed  with  trust  habendum  clause, .............  165 

creation  of  by  will,  for  a  life,  or  lives, .....  692 

TKUSTEES- 

fees  of  trustees  of  debtors, ....................  259 

deed  by  trustees  of  absconding  debtors, 166 

deed  with  trust  clause, ............  166 

acknowledgment  by, .  13 


820  INDEX. 

TRUSTEES—  PAOFB 
application  for  appoiuunent  of,  for  estates  of  debtors  confined 

for  crime, . .... .... ..... 220 

appointment  and  oath, ....  220,  221 

articles  of  marriage, . 323 

settlement  in  contemplation  of  marriage, .  321 

nte-nuptial  agreement, 326 

jointure, .. . .....................  327 

devise  to,  during  a  life<  or  lives,..,. 592 

sea  "  Schools." 

VAGRANTS— 

see  "Poor  Laws." 
WARRANT— 

see  "Acknowledgments, "eto.,  '-Appeentioes  and  Servants," 
"Justices'  Courts,"  "Landlord  and  Tenant,"  "Poor 
Laws,"  and  "  Service  and  Return  op  Process." 

WILLS- 

practical  remarks, — . . 586-588 

will  of  real  and  personal  estate,. ...  589 

codicil  to  a  will, ...  590 

nomination  of  executors  in  a  will, . 590 

devise  to  executors  in  trust,  with  power  to  sell,  &c., 590 

disposition  of  the  tuition  and  custody  of  children  by  will, 590 

provision  in  a  will  for  a  posthumus  child, 591 

provision  for  children  born  after  execution  of  will,  different 

forms, .............  591 

devise  of  an  estate  for  life,  and  for  the  reversion, .  591 

devise  to  trustees,  during  a  life,  or  Uvea,.... ...  592 

devise  of  an  £iimuity,..t. ..................  692 

WITNESSES— 

fees  of, 259 

see  "  Acknowledgments,"  etc.,  "  Clerks  and  Criers,"  "  High- 
ways," "  Justices'  Courts,"  and  "  Landlord  and  Tenant." 


AiTENDII 


COISTITUTION 

OP 

THE    STATE    OF   NEW-YORK. 


APPROVED   NOVEMBER  3,  1846. 


We,  the  People  of  the  State  of  New-York,  grateful  to  Almigaty  God  (at 
our  freedom,  in  order  to  secure  its  blessings,  do  establish  this  Constitution : 

ARTICLE    I. 

BILL    OF    RIGHTS, 

Sec.  1.  No  member  of  this  State  shall  be  disfranchised,  or  deprived  of  any 
of  the  rights  or  privileges  secured  to  any  citizen  thereof,  unless  by  the  law  of 
the  land,  or  the  judgment  of  his  peers. 

Sec.  2.  The  trial  by  jury,  in  all  cases  in  which  it  has  been  heretofore  used, 
shall  remain  inviolate  tbrever.  But  a  jury  trial  may  be  waived  by  the  parties 
in  all  civil  cases,  in  the  manner  to  be  prescribed  ay  law. 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination  or  preference,  shall  forever  be  allowed  in  this 
State  to  all  mankind  ;  and  no  person  shall  be  rendered  incompetent  to  be  a 
witness  on  account  of  his  opinion  on  matters  of  religious  belief;  but  the  Uberty 
of  conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness,  or  justify  practices  inconsistent  with  the  peace  or  safety  of  this 
State. 

Sec.  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion,  or  invasion,  the  public  safety  may  require 
its  suspension. 

Sec.  5.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  shall  cruel  and  unusual  punishments  be  inflicted,  nor  shall  witnesses  be 
unreasonably  detained. 

Sec.  G.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
famous crime  (except  in  cases  of  impeachment,  and  in  cases  of  the  militia, 
when  in  actual  service ;  and  the  land  and  naval  forces  in  time  of  war,  or 
which  this  State  may  keep  with  the  consent  of  Congress  in  time  of  peace ; 
and  in  cases  of  petit  larceny,  under  the  regulation  of  the  Legislature),  unless 
on  presentinent  or  indictment  of  a  grand  jury,  and  in  any  trial  in  any  court 
whatever,  the  party  accused  shall  be  allowed  to  appear  and  defend  in  persop 
and  with  counsel,  as  in  civil  actions.  No  person  shall  be  subject  to  be  twice 
put  in  jeopardy  for  the  same  offence ;  nor  shall  he  be  compelled  in  any  crim- 
inal case  to  be  a  witness  against  himself;  nor  be  deprived  of  life,  l;ber<y,  «r 


IT  CONSTITUTION    OF    NEW-YORK. 

property,  without  due  process  of  law ;  nor  shall  private  property  be  taken  for 
public  use  without  just  compensation. 

Sec.  7.  When  private  property  shall  be  taken  for  any  public  use,  the  com- 
pensation to  be  made  therefor,  when  such  compensation  is  not  made  by  the 
State,  shall  be  ascertained  by  a  jury,  or  by  not  less  than  three  commissioners 
appointed  by  a  Court  of  Record,  as  shall  be  prescribed  by  law.  Private  roads 
may  be  opened  in  the  manner  to  be  prescribed  by  law ;  but  in  every  case  the 
necessity  of  the  road,  and  tlie  amount  of  all  damages  to  be  sustained  by  the 
openmg  thereof  shall  be  first  determined  by  a  jury  of  freetiolders,  and  such 
tmount,  together  with  the  expenses  of  the  proceeding,  shall  be  paid  by  the 
person  to  be  benefitted. 

Seo.  8.  Every  citizen  may  freely  speak,  write  and  publish,  his  sentiments 
00  all  subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press. 
In  all  criminal  prosecutions  or  indictments  for  libel,  the  truth  may  be  given 
m  evidence  to  tiie  jury ;  and  if  it  shall  appear  to  the  jury  that  the  matter 
charged  as  libellous  is  true,  and  was  published  with  good  motives  and  for 
justifiable  ends,  the  party  shall  be  acquitted,  and  the  jury  shall  have  the  right 
to  determine  the  law  and  the  fact. 

Sec.  9.  The  assent  of  two-thirds  of  the  members  elected  to  each  branch 
of  the  Legislature,  shall  be  requisite  to  every  bill  appropriating  the  public 
money^s  or  property  for  local  or  private  purposes. 

Sec.  10.  No  law  shall  be  passed  abridging  the  right  of  the  people  peace- 
ably to  assemble,  and  to  petition  the  government,  or  any  department  thereof; 
nor  shall  any  divorce  be  granted,  otherwise  than  by  due  judicial  proceedings; 
nor  shall  any  lottery  hereafter  be  authorized,  or  any  sale  of  lottery  tickets 
allowed,  within  this  State. 

Sec.  11.  The  people  of  this  State,  in  their  right  of  sovereignty,  are  deemed 
to  possess  the  original  and  ultimate  property  in  and  to  all  lands  within  the 
jurisdiction  of  the  State ;  and  all  lands,  the  title  to  which  shall  fail,  from  a 
defect  of  heirs,  shall  revert  or  escheat  to  the  people. 

Sec.  12.  All  feudal  tenures  of  every  descrii^tion,  with  all  their  incidents,  are 
declared  to  be  aboUshed ;  saving,  however,  all  rents  and  services  certain 
which  at  any  time  heretofore  have  been  lawfully  created  or  reserved. 

Sec.  13.  All  lands  within  this  State  are  declared  to  be  allodial,  so  that, 
subject  only  to  the  liability  to  escheat,  the  entire  and  absolute  property  is 
vested  in  the  owners  according  to  the  nature  of  their  respective  estates. 

Sec.  14.  No  lease  or  grant  of  agricultural  land  for  a  longer  period  than 
twelve  years,  hereal\er  made,  in  which  shall  be  reserved  any  reiit  or  service 
of  any  kind,  shall  be  valid. 

Sec.  15.  All  fines,  quarter  sales,  or  other  like  restraints  upon  alienation 
reserved  in  any  grant  of  land  hereafter  to  be  made,  shall  be  void. 

Sec.  If).  No  purchase  or  contract  for  the  sale  of  lands  in  this  State,  made 
eince  the  fourteenth  day  of  October,  one  thousand  seven  hundred  and  seventy- 
five,  or  which  may  hereafter  be  made,  of  or  with  the  Indians,  shall  be  valid, 
unless  made  under  the  authority  and  with  the  consent  of  the  Le^jislature. 

Sec.  17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  Legislature 
of  the  colony  of  New- York,  as  together  did  form  the  law  of  the  said  colony, 
on  the  nineteenth  day  of  April,  one  thousand  seven  hundred  and  seventy- 
five,  and  the  resolutions  of  the  Congress  of  the  said  colony,  and  of  the  Con- 
vention of  the  State  of  New-York,  in  force  on  the  twentieth  day  of  April, 


CONSTITUTION    OF    NEW-TORK.  ▼ 

one  thousand  seven  hundred  and  seventy-seven,  which  have  not  since  expired, 
or  been  repealed  or  altered  ;  and  such  acts  of  the  Lenrjslature  of  this  State 
as  are  now  in  force,  sliall  be  and  continue  the  law  of  this  State,  subject  to 
such  alterations  as  the  Legislature  shall  make  concerning  the  same.  Hut  all 
such  parts  of  the  common  law.  and  such  of  the  said  acts  or  parts  thereof, 
as  are  repugnant  to  this  Constitution,  are  hereby  abrogated;  ami  the  Legis- 
lature, at  its  first  session  after  the  adoption  of  this  Constitution,  shall  ap[)oint 
three  Commissioners,  whose  duty  it  shall  be  to  reduce  into  a  written  and 
systematic  code,  the  whole  body  of  the  law  of  this  State,  or  .so  much  and 
such  parts  thereof  as  to  the  said  Commissioners  shall  seem  practicable  and 
expedient.  And  the  said  Commissioners  shall  specify  such  alterations  and 
amendments  therein  as  they  shall  deem  proper,  and  tiiey  siiall  at  all  times 
make  reports  of  their  proceedings  to  the  Legislature,  when  called  upon  to  do 
so;  and  the  Legislature  shall  pass  laws  regulating  the  tenure  of  ofiice,  the 
fillintr  of  vacancies  therein,  and  the  ompensalion  of  the  said  Commissioners; 
and  shall  also  provide  for  the  publication  of  the  said  code,  prior  to  its  being 
[resented  to  the  Legislature  for  adoption. 

Skc.  IH.  All  grants  of  land  within  this  State,  made  by  the  King  of  Great 
Britain,  or  [)ersons  acting  under  his  authority,  after  the  fourteenth  day  of 
October,  one  thousand  seven  hundred  and  seventy-five  siiall  be  null  and 
void;  but  nothing  contained  in  this  Constitution  shall  afi'ect  any  grants  of 
land  witliin  this  State,  made  by  the  authority  of  the  said  King  or  his  prede- 
cessors, or  shall  annul  any  charters  to  bodies  politic  and  corporate,  by  him 
or  them  made,  before  that  day;  or  shall  elTect  any  such  grants  or  charters 
since  made  by  this  State,  or  by  persons  acting  under  its  authority,  or  shall 
impair  the  obligation  of  any  debts  contracted  by  this  State,  or  individuals,  or 
bodies  corporate,  or  any  other  riglits  of  property,  or  any  suits,  actions,  rights 
of  action,  or  other  proceedings  in  courts  of  justice. 

ARTICLE    II. 

THE    ELF.CTIVE    FRANXHISE. 

Skc.  1.  Every  male  citizen  of  tiie  age  of  twenty-one  years,  who  shall  have 
been  a  citizen  lor  ten  days,  and  an  inhabitant  of  tills  State  one  year  next 
preceding  any  election,  and  for  the  last  four  months  a  resident  of  (he  county 
where  he  may  olTer  his  vote,  shall  be  entitled  to  vote  at  such  election  in  the 
election  district  of  which  he  siiall  at  the  time  be  a  resident  and  not  elsewhere, 
for  all  officers  that  now  are  or  herealler  may  be  elective  by  the  people;  but 
such  citizen  shall  have  been  for  thirty  days  next  precixliog  the  election  a  res- 
ilient of  the  district  from  which  the  officer  is  to  be  chosen  tt)r  whom  he  oiTer:* 
his  vote.  But  no  man  of  color,  unless  he  shall  have  been  lor  tliree  years  a 
citizen  of  this  State,  and  for  one  year  next  preceding  any  election  shal' 
have  been  seized  and  possessed  of  a  freehold  estate  ol'  the  value  of  two  hun- 
dred and  fit'ty  dollars,  over  and  above  all  debts  and  incumbrances  ctiargei' 
thereon,  and  shall  have  been  actually  rated  and  paid  a  tax  thereon  shall  bt 
entitled  to  vote  at  such  election.  And  no  person  of  color  shal!  be  suiiject  to 
direct  taxation  unless  he  shall  be  seized  and  possessed  of  such  real  estate  as 
aforesaid. 

Skc.  '2  Laws  may  be  pasf.d  excluding  from  the  right  of  suflTrage  all  pcr- 
6ons  who  have  been  or  may  \pe  convicted  of  bribery,  larceny,  or  of  any  infa- 
mous crime;  and  for  depriving  every  person  who  shall  make,  or  becom 


ft  CONSTITUTION    OF    NEW-YORK. 

directly  or  indirectly  interested  in  any  bet  or  wager  depending  upon  the  resuh 
of  any  election,  from  the  right  to  vote  at  such  election. 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence,  by  reason  of  his  presence  or  absence,  while  em- 
ployed in  the  service  of  the  United  States ;  nor  while  engaged  in  the  naviga 
tion  of  the  waters  of  this  State,  or  of  the  United  States,  or  of  the  high  seas; 
nor  while  a  student  of  any  seminary  of  learning,  nor  while  kept  at  any  alms- 
house, or  other  asylum,  at  public  expense  ;  nor  while  confined  in  any  public 
prison. 

Sec.  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the  citizens 
who  shall  be  entitled  to  the  right  of  sulVragc  hereby  established. 

Sec.  5.  All  elections  by  the  citizens  shall  be  by  ballot,  except  for  such 
town-officers  as  may  by  law  be  directed  to  be  otherwise  chosen. 

ARTICLE    III. 

LEGISLATIVE. 

Sec.  1.  The  Legislative  power  of  this  State  shall  be  vested  in  a  Senate  and 
Assembly. 

Sec.  2.  The  Senate  shall  consist  of  thirty-two  members,  and  the  Senators 
shall  be  chosen  tor  two  years.  The  Assembly  shall  consist  of  one  hundred 
and  twenty-eight  members,  who  shall  be  annually  elected. 

Sec.  3.  The  State  shall  be  divided  into  thirty-f"o  districts,  to  be  called 
Senate  districts,  each  of  which  shall  choose  one  Senator.  The  districts  shall 
be  numbered  from  one  to  thirty-two  inclusive. 

District  number  one  shall  consist  of  the  counties  of  Sulfolk,  Richmond,  and 
Queens. 

District  number  two  shall  consist  of  the  county  of  Kings. 

Districts  number  three,  number  four,  number  five,  and  number  six,  sha'l 
consist  of  the  city  and  county  of  New- York.     And  the  Board  of  Supervisor 
of  said  city  and  county  shall,  on  or  betbre  the  first  day  of  May,  one  thousand 
eight  hundred  and  forty-seven,  divide  the  said  city  and  county  into  the  num 
ber  of  Senate  districts  to  which  it  is  entitled,  as  near  as  may  be  of  an  equa 
number  of  inhabitants,  excluding  aliens  and  persons  of  color  not  taxed,  anii 
consisting  of  convenient  and  contiguous  territory;  and  no  Assembly  district 
shall  be  divided  in  the  Ibrmation  of  a  Senate  district.     The  Board  of  Super- 
visors, when  they  shall  have  completed  such  division,  shall  cause  certificates 
thereof,  stating  the  number  and  boundaries  of  each  district  and  the  popula- 
tion thereof,  to  be  filed  in  the  office  of  the  Secretary  of  the  State,  and  of  th  . 
Clerk  of  said  city  and  county. 

District  number  seven  shall  consist  of  the  counties  of  Westchester,  Putnam 
and  Rockland. 

District  number  eight  shall  consist  of  the  counties  of  Dutchess  and  Co- 
lumbia. 

District  number  nine  shall  consist  of  the  counties  of  Orange  and  Sullivan. 

District  number  ten  shall  consist  of  the  counties  of  Ulster  and  Greene. 

District  number  eleven  shall  consist  of  the  counties  of  Albany  and  Schen- 
ectady. 

District  number  twelve  shall  consist  of  the  county  of  Rensselaer. 

District  number  thirteen  shall  consist  of  the  counties  of  Washington  and 
Saratoga. 


CONSTITUTION    OF    KEW-FORK.  tTl 

Di?fr:ct  number  fourteen  shall  consist  of  the  counties  e    Warren,  Essex, 
and  Clinton. 

Dis'.rict  number  fifteen  shall  consist  of  the  counties  of  St.  Lawrence  and 
Franklin. 

District  number  sixteen  shall  consist  of  the  counties  of  Herkimer,  Hamilton, 
Fulton,  and  Montgomery. 

District  number  seventeen  shall  consist  of  the  counties  of  Schoharie  and 
Delaware. 

District  number  eighteen  shall  consist  of  the  counties  of  Otsego  and 
Chenango. 

District  number  nineteen  shall  consist  of  the  county  of  Oneida. 

District  number  twenty  shall  consist  of  the  counties  of  Madison  and 
Oswego. 

District  number  twenty-one  shall  consist  of  the  counties  of  Jefferson  ana 
Lewis. 

District  number  twenty-two  shall  consist  of  the  county  of  Onondaga. 

District  number  twenty-three  shall  consist  of  the  counties  of  Cortland 
Broome,  and  Tioga. 

District  number  twenty-four  shall  consist  of  the  counties  of  Cayuga  and 
Wayne. 

District  number  twenty-five  shall  consist  of  the  counties  of  Tompkins,  Sen- 
eca and  Yates. 

District  number  twenty-six  shall  consist  of  the  counties  of  Steuben  and 
Chemung. 

District  number  twenty-seven  shall  consist  of  the  county  of  Monroe. 

District  number  twenty-eight  shall  consist  of  the  counties  of  Orleans,  Gene- 
see, and  Niagara. 

District  number  twenty-nine  shall  consist  of  the  counties  of  Ontario  and 
Livingston. 

District  number  thirty  shall  consist  of  the  counties  of  Allegany  and 
Wyoming. 

District  number  thirty-one  shall  consist  of  the  county  of  Erie. 

District  number  thirty-two  shall  consist  of  the  counties  of  Chautauque  and 
Cattaraugus. 

Sec.  4.  An  enumeration  of  the  inhabitants  of  the  State  shall  be  taken 
under  the  direction  of  the  Legislature,  in  the  year  one  thousand  eisht  hun- 
dred and  fifty-five,  and  at  the  end  of  every  ten  years  thereafter ;  and  the  said 
districts  shall  be  so  altered  by  the  Legislature,  at  the  first  session  after  the 
return  of  every  enumeration,  that  each  Senate  district  shall  contain,  as  nearly 
as  may  be,  an  equal  number  of  inhabitants,  excluding  aliens  and  persons  of 
color  not  taxed  ;  and  shall  remain  unaltered  until  the  return  of  another  enu- 
meration, and  shall  at  all  times  consist  of  contiguous  territory;  and  nocountv 
shall  be  divided  in  the  formation  of  a  Senate  district,  except  such  county  shall 
be  equitably  entitled  to  two  or  more  Senators. 

Skc.  5.  The  members  of  Assi'mbly  shall  be  apportioned  among  the  several 
counties  of  this  State,  by  the  Legislature,  as  nearly  as  may  be,  accordin'^  to 
the  number  of  their  respective  inhabitants,  excluding  aliens  and  persons  of 
color  not  taxed,  and  shall  be  chosen  by  single  districts. 

The  several  boards  of  Supervisors  in  such  counties  of  this  State  as  are 
now  entitled  to  more  than  one  member  of  Assembly,  shall  assemble  on  the 
first  Tuesday  of  January  next,  and  divide  their  respective  counties  into  As* 


VLM  CONSTITUTION    OF    NEW-YORK. 

sembly  districts  equal  to  the  number  of  members  of  Assembly  to  which  such 
counties  are  now  severally  entitled  by  law,  and  shall  cause  to  be  filed  in  tlie 
offices  of  the  Secretary  of  State  and  the  Clerks  of  their  respective  counties, 
a  description  of  such  Assembly  districts,  specifying  the  number  of  each  dis- 
trict and  the  population  thereof,  according  to  the  last  preceding  State 
enumeration,  as  near  as  can  be  ascertained.  Each  Assembly  district  shall 
contain,  as  nearly  as  may  be,  an  equal  number  of  inhabitants,  excluding 
aliens  and  persons  of  color  not  taxed,  and  shall  consist  of  convenient  and 
contiguous  territory  ;  but  no  town  shall  be  divided  in  the  formation  of  Assem- 
bly districts. 

The  Legislature,  at  its  first  session  after  the  return  of  every  enumeration, 
shall  reapportion  the  members  of  Assembly  among  the  several  counties  of  this 
State,  in  manner  aforesaid  ;  and  the  boards  of  Supervisors  in  such  counties 
as  may  be  entitled,  under  such  reapportionment,  to  more  than  one  member, 
shall  assemble  at  such  time  as  the  Legislature  making  such  reapportionmem 
shall  jirescribe,  and  divide  such  counties  into  Assembly  districts,  in  the  man- 
ner herein  directed ;  and  the  apportionment  and  districts  so  to  be  made  shall 
remain  unaltered  until  another  enumeration  shall  be  taken  under  the  pro- 
visions of  the  preceding  section. 

Every  county  heretofore  established  and  separately  organized,  except  the 
county  of  Hamilton,  shall  always  be  entitled  to  one  member  of  the  Assem- 
bly; and  no  new  county  shall  be  hereafter  erected,  unless  its  population  shall 
entitle  it  to  a  member. 

The  county  of  Hamilton  shall  elect  with  the  county  of  Fulton,  until  the 
population  of  the  county  of  Hamilton  shall,  according  to  the  ratio,  be  entitled 
to  a  member. 

Sec.  G.  The  members  of  the  Legislature  shall  receive  for  their  services  a 
•um  not  exceeding  three  dollars  a  day,  from  the  commencement  of  the  ses- 
sion ;  but  such  pay  shall  not  exceed  in  the  aggregate  three  hundred  dollars 
for  per  diem  allowance,  except  in  proceedings  tor  impeachment.  The  limita- 
tion as  to  the  aggregate  compensation  shall  not  take  clfect  until  one  thousand 
eight  hundred  and  forty-eight.  When  convened  in  extra  session  l)y  the  Gov- 
ernor, they  shall  receive  three  dollars  per  day.  They  shall  also  receive  the 
sum  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going  to  and  re- 
turning from  their  place  of  meeting  on  the  most  usual  route.  The  Speaker 
of  the  Assembly  shall,  in  virtue  of  his  otlice,  receive  an  additional  compen- 
sation equal  to  one-third  of  his  per  diem  allowance  as  a  member. 

ShX.  7.  No  member  of  the  Legislature  shall  receive  any  civil  appointment 
within  this  State,  or  to  the  Senate  of  the  United  States.  Irom  the  Governor, 
the  Governor  and  Senate,  or  from  the  Legishiture,  during  the  term  for  which 
he  shall  have  been  elected;  and  all  such  appointments  and  all  votes  given 
for  any  such  member,  for  any  such  office  or  a]>p()intinent,  shall  be  void. 

Skc.  8.  No  person  being  a  member  of  Congress,  or  holding  any  judicial 
or  military  office  under  the  United  States  sliail  hold  a  seat  in  the  Legisla- 
ture. And  if  any  person  shall,  after  his  election  as  a  member  of  the  Legis- 
lature, be  elected  to  Congress,  or  appointed  to  any  office,  civil  or  military, 
under  the  government  of  the  United  States,  his  acceptance  thereof  shall  va- 
cate his  seat. 

Sec.  9.  The  elections  of  Senators  and  Members  of  Assembly,  pursuant  to 
the  provisions  of  this  Constitution,  shall  be  hel-'  on  th^  Tuesdav  succeeding 
he  first  Monday  of  November,  unless  otherwicc  JL-K:t«tl  )»y  the  Legislature, 


CONSTITUTION    OF    NEW-YORK.  IX 

Sec.  10.  a  majority  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness. Each  house  shall  determine  the  rules  of  its  own  proceedings,  and  be 
the  judge  ol  the  elections,  returns,  and  qualifications  of  its  own  membera, 
shall  choose  its  own  officers,  and  the  Senate  shall  choose  a  temporary  presi- 
dent, when  the  Lieutenant  Governor  shall  not  attend  as  President,  or  shall 
act  as  Governor. 

Sec.  11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
the  same,  except  such  parts  as  may  require  secrecy.  The  doors  of  each 
house  shall  be  kept  open,  except  when  the  public  welfare  shall  require 
secrecy.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  two  days. 

Sec.  12.  For  any  speech  or  debate  in  either  house  of  the  Legislature,  the 
members  shall  not  be  questioned  in  any  other  place. 

Sec.  13.  Any  bill  may  originate  in  either  house  of  the  Legislature,  and  all 
bills  passed  by  one  house  may  be  amended  by  the  other. 

Sec.  14.  The  enacting  clause  of  all  bills  shall  be,  -'The  people  of  the  State 
of  New- York,  represented  in  Senate  and  Assembly,  do  enact  as  follows."  and 
no  law  shall  be  enacted  except  by  bill. 

Sec.  15.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of  ah 
the  members  elected  to  each  branch  of  the  Legislature,  and  the  question  upoi\ 
the  final  passage  shall  be  taken  immediately  upon  its  last  reading,  and  the 
yeas  and  nays  entered  on  the  journal. 

Sec.  16.  No  private  or  local  bill,  which  may  be  passed  by  the  Legislature, 
shall  embrace  more  than  one  subject,  and  that  shall  be  expressed  in  the  title 

Sec.  17.  The  Legishiture  may  confer  upon  the  boards  of  Supervisors,  of 
the  several  counties  of  the  State,  such  further  powers  of  local  legislation  and 
administration  as  they  shall  from  lime  to  time  prescribe. 

ARTICLE    IV. 

executive. 

Sec.  1.  The  executive  power  shall  be  vested  in  a  Governor,  who  shall 
hold  his  office  for  two  years  ;  a  Lieutenant  Governor  shall  be  chosen  at  the 
«ame  time,  and  for  the  same  term. 

Sec.  2.  No  person,  except  a  citizen  of  the  United  States,  shall  be  eligible 
to  the  office  of  Governor;  nor  shall  any  person  be  eligible  to  that  office  who 
shall  not  have  attained  the  age  of  thirty  years,  and  who  shall  not  have  been 
five  years,  next  preceding  his  election,  a  resident  within  this  State. 

Sec.  3.  The  Governor  and  Lieutenant  Governor  shall  be  elected  at  the 
times  and  places  of  choosing  members  of  the  Assembly.  The  persons  re- 
spectively having  the  highest  number  of  votes  for  Governor  and  Lieutenant 
Governor,  shall  lie  elected ;  but  in  case  two  or  more  shall  have  an  equal  and 
the  higliest  number  of  votes  for  Governor  or  for  Lieutenant  Governor,  the 
two  houses  of  tlie  Legislature,  at  its  next  annual  session,  shall  forthwith,  by 
joint  ballot,  choose  one  of  the  said  persons  so  having  an  equal  and  the  high- 
est number  of  votes  for  Governor  or  Lieutenant  Governor. 

Src.  4.  The  Governor  shall  be  commander-in-chief  of  the  military  and 
naval  forces  of  tiie  State.  He  shall  have  power  to  convene  the  Legislature 
for  the  Senate  only)  on  extraordinary  occasions.  He  shall  communicate  by 
message  to  the  Legislature,  at  every  session,  the  condition  of  the  State,  and 
recommend  such  matters  to  them  as  he  shall  judge  expedient.  He  shall 
transact  all  necessary  business  with  the  officers  of  government,  civil  and 


K  CONSTITUTION    OF    NEW-TORK. 

military.  He  shall  expedite  all  such  measures  as  may  be  resolved  upon  irr 
the  Legislature,  and  shall  take  care  tiiat  the  laws  are  taithluliy  executed. 
He  shall,  at  stated  times,  receive  for  his  services  a  compensation  to  be  estab- 
lished by  law,  which  shall  neither  be  increased  nor  diminished  after  bis  elec- 
tion and  during  his  continuance  in  office. 

Sec.  5.  The  Governor  shall  have  the  power  to  grant  reprieves,  commuta- 
tions, and  pardons,  after  conviction,  for  all  oflences  except  treason  and  cases 
of  impeachment,  upon  such  conditions,  and  with  such  restrictions  and  limita- 
tions, tts  he  may  think  proper,  subject  to  such  regulations  as  may  be  provided 
by  law  relative  to  the  manner  of  applying  for  pardons.  Upon  conviction  for 
treason,  he  shall  have  power  to  suspend  the  execution  of  the  sentence,  until 
the  case  shall  be  reported  to  the  Legislature  at  its  next  meeting,  when  the 
Legislature  shall  either  pardon  or  commute  the  sentence,  direct  the  execution 
of  the  sentence,  or  grant  a  further  reprieve.  He  shall  annually  communicate 
to  the  Legislalare  each  case  of  reprieve,  commutation,  or  pardon,  granted; 
stating  tiie  name  of  the  convict,  the  crime  of  which  he  was  convicted,  the 
sentence  and  its  date,  and  the  date  of  the  commutation,  pardon,  or  reprieve. 

Sec.  6.  In  case  of  the  impeachment  of  the  Governor,  or  his  removal  from 
ofBce,  death,  inability  to  discharge  the  powers  and  duties  of  the  said  office, 
resignation,  or  alxence  from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  Lieutenant  Governor  ibr  the  residue  of  the  term,  or 
until  the  disability  shall  cease.  But  when  the  Governor  shall,  with  the  con- 
sent of  the  Legislatoire,  be  out  of  the  State  in  time  of  war,  at  the  head  of  a 
military  force  thereof,  he  shall  continue  commander-in-chief  of  all  the  mili- 
tary force  of  the  Stcte. 

Sec.  7.  The  Lieutenant  Governor  shall  possess  the  same  qualifications  of 
eligibility  for  office  a»i  the  Governor.  He  shall  be  President  of  the  Senate, 
but  shall  have  only  a  casting  vote  therein.  If,  during  a  vacancy  of  the  office 
of  Governor,  the  Liettenant  Governor  shall  be  impeached,  displaced,  resign, 
die,  or  become  incap  ible  of  performing  the  duties  of  his  office,  or  be  absent 
from  the  State,  the  President  of  the  Senate  shall  act  as  Governor,  until  the 
vacancy  be  filled,  or  tLe  disability  shall  cease. 

Sec.  8.  The  Lieutei.ant  Governor  shall,  while  acting  as  such,  receive  a 
compensation  which  shall  be  fixed  by  law,  and  which  shall  not  be  increased 
or  diminished  during  hii  continuance  in  office. 

Sec.  9.  Eveiy  bill  which  shall  have  passed  the  Senate  and  Assembly  shall, 
before  it  becomes  a  law,  be  presented  to  the  Governor:  if  he  approve,  he  shall 
sign  it;  but  if  not,  he  ihall  return  it  with  his  objections  to  that  house  in 
which  it  shall  have  ori^jinated,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration, 
two-thirds  of  the  membeis  present  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  otlier  house,  by  which  it  shall  likewise  be 
reconsidered ;  and  if  approved  by  two-thirds  of  ail  the  members  present,  it 
tihall  become  a  law,  notwithstanding  the  objections  of  the  Governor.  But  in 
all  such  casL'S,  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  journal  of  each  house  respectively.  If  any  bill  shall  not  be. 
returned  by  the  Governor  within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he 
had  signed  it.  unless  the  Legislature  shall,  by  their  adjournment,  prevent  its 
return ;  in  which  case,  it  shall  not  be  a  law 


CONSTITUTION    OF    NEW-YORK.  tf 

ARTICLE    V. 

ADMINISTRATIVE. 

Sec.  1.  The  Secretary  of  State,  Comptroller,  Treasurer,  and  Attorney  Gen- 
eial,  shall  be  chosen  at  a  general  election,  and  shall  hold  their  offices  for 
two  years.  Each  of  the  officers  in  this  article  named  (except  the  Speaker 
ot  the  Assembly)  shall,  at  stated  times  during  his  continuance  in  office,  re- 
ceive for  his  services  a  compensation,  which  shall  not  be  increased  or  dimin- 
islied  during  the  term  tor  wliich  he  shall  have  been  elected  ;  nor  shall  h« 
receive,  to  his  use,  any  fees  or  perquisites  of  office,  or  other  compensation. 

Skc.  2.  A  State  Engineer  and  Surveyor  shall  be  chosen  at  a  general  elec- 
tion, and  shall  hold  his  office  two  years  ;  but  no  person  shall  be  elected  to 
said  office  who  is  riot  a  practical  engineer. 

Skc.  3.  Three  Canal  Comuiissioners  shall  be  chosen  at  the  general  electJin 
which  shall  be  held  next  after  th^  adoption  of  this  Constitution,  one  of  whom 
shall  hold  his  office  for  one  year,  one  for  two  j'ears.  and  one  for  three  years  ; 
the  Commissioners  of  the  Canal  Fund  shall  meet  at  the  capitol  on  the  first 
Monday  of  January  next  aller  such  election,  and  determine  by  lot  which  of 
said  Commissioners  shall  hold  his  office  for  one  year,  which  for  two,  and 
which  for  three  years  ;  and  there  shall  be  elected  annually  thereafter,  one 
Canal  Commissioner,  who  shall  hold  his  office  for  three  years. 

Skc.  4.  Three  Inspectors  of  State  Prisons  shall  be  elected  at  the  general 
election  which  shall  be  held  next  after  the  adoption  of  this  Constitution,  one 
of  whom  shall  hold  his  office  for  one  year,  one  for  two  years,  and  one  for 
three  years.  The  Governor,  Secretarj'  of  State,  and  Comjitroller,  shall  meet 
at  the  capitol  on  the  first  Monday  of  January  next  succeeding  such  election, 
and  determine  by  lot  which  of  said  Inspectors  shall  hold  his  office  for  one 
year,  which  for  two,  and  which  for  three  years.  And  there  shall  be  elected 
annually  thereafter  one  Inspector  of  State  Prisons,  who  shall  hold  his  office 
for  three  years  ;  said  Inspectors  shall  have  the  charge  and  superintendence 
of  the  State  Prisons,  and  shall  a])point  all  the  officers  Uierem.  All  vacancies 
in  the  office  of  such  Inspector  shall  be  filled  by  the  Governor,  till  the  next 
election. 

Sh:c.  5.  The  Lieutenant  Governor,  Speaker  of  the  Assembly,  Secretary  of 
State,  Comptroller,  Treasurer.  Attorney  General,  and  State  Engineer  and 
Surveyor,  shall  lie  the  Commissioners  of  the  Land  Office. 

The  Lieutenant  Governor,  Secretary  of  State,  Comptroller.  Treasurer,  and 
Attorney  General,  shall  be  the  Couiinissioners  of  the  Canal  Fund. 

The  Canal  Board  .';hall  consist  of  the  Commissioners  of  the  Canal  Fund, 
the  State  Engineer  and  Surveyor,  and  the  Canal  Commissioners. 

Sec.  6.  The  powers  and  duties  of  the  respective  boards,  and  of  the  several 
officers  in  this  article  mentioned,  shall  be  such  as  now  are  or  hereafter  may 
be  prescribed  by  law. 

Sec.  7.  The  Treasurer  may  be  suspended  from  office  by  the  Governor, 
during  the  recess  of  the  Legislature,  and  until  thirty  d;iys  after  the  com- 
mencement of  the  next  session  of  the  Legislature,  whenever  it  shall  appear 
to  him  that  such  Treasurer  has.  in  any  particular,  violated  his  duty.  Tho 
Governor  shall  appoiht  a  competent  person  to  discharge  the  duties  of  the 
office,  during  such  suspension  of  the  Treasurer. 

Sec.  8.  All  officers  for  the  weighing,  guaging,  measuring  culling,  or  in- 
pecting,  any  merchandise,  produce,  manufacture,  or  connuodity  whatever, 


XU  CONSTITUTION    OF  NEW-YORK. 

are  hereby  abolished,  and  no  such  office  shall  hereafter  be  created  by  law; 
but  nothing  in  this  section  contained  shall  abrogate  any  office  created  for 
the  purpose  of  protecting  the  public  health  or  the  interests  of  the  State,  m 
Its  property,  revenue,  tolls,  or  purchases,  or  of  supplying  the  people  with  cor- 
rect standards  of  weights  and  measures,  or  shall  i  revent  the  creation  of  any 
office  for  such  purposes  hereafter. 

ARTICLE    VI. 

THE    JUDICIARY. 

Skc.  1.  The  Assembly  shall  have  the  power  of  i  npeachment,  by  the  vote 
of  a  majority  of  all  the  members  elected.  The  court  for  the  trial  of  impeach- 
ments shall  he  composed  of  the  President  of  the  Senate,  the  Senators,  or  a 
major  part  of  them,  and  the  Judges  of  the  Court  of  Appeals,  or  the  major 
part  of  them.  On  the  trial  of  an  impeachment  against  the  Governor,  the 
Lieutenant  Governor  shall  not  act  as  a  member  of  the  court.  No  judicial 
officer  shall  exercise  his  office  after  he  shall  have  been  impeached,  until  he 
shall  have  been  acquitteil.  Before  the  trial  of  an  impeachment,  tlie  mem- 
bers of  the  court  shall  take  an  oath  or  affirmation,  truly  and  impartially  to 
try  the  impeachment,  according  to  evidence ;  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment in  cases  of  impeachment  shall  not  extend  further  than  to  removal  from 
office,  or  removal  from  office  and  disqualiJication  to  hold  and  enjoy  any  office 
of  honor,  trust,  or  profit,  under  this  State;  but  the  party  impeached  shall  be 
liable  to  indictment  and  punishment  according  to  law. 

Sec.  2.  There  shall  be  a  Court  of  Appeals,  composed  of  eight  Judges,  of 
whom  four  shall  be  elected  by  the  electors  of  the  State,  for  eight  years,  and 
four  selected  from  the  class  of  Justices  of  the  Supreme  Court  having  the 
shortest  time  to  serve.  Provision  shall  be  made  by  law  for  designating  one 
of  the  number  elected  as  Chief  Judge,  and  for  selecting  such  Justices  of  the 
Supreme  Court,  from  time  to  tune,  and  for  so  classifying  those  elected,  that 
one  shall  be  elected  every  second  year. 

Sec.  3.  There  shall  be  a  Supreme  Court,  having  general  jurisdiction  in 
law  and  equity. 

Sec.  4.  The  State  shall  be  divided  into  eight  judicial  districts,  of  which  the 
city  of  New- York  shall  be  one  ;  the  others  to  be  bounded  by  county  lines, 
and  to  be  compact  and  equal  in  population  as  nearly  as  may  be.  There  shall 
6e  tour  Justices  of  the  Supreme  Court  in  each  district,  and  as  many  more  in 
the  district  composed  of  the  city  of  New-York  as  may  from  time  to  time  be 
authorized  by  law,  but  not  to  exceed  in  the  whole  such  number  in  proportion 
to  its  population  as  shall  be  in  conformity  with  the  number  of  such  Judges 
in  the  residue  of  the  State  in  proportion  to  its  population.  They  sliall  be 
classified,  so  that  one  of  the  Justices  of  eacii  district  shall  go  out  of  office  at 
the  end  of  every  two  years.  After  the  expiration  of  their  terms  under  such 
classification,  the  term  of  their  office  shall  be  eight  years. 

Sec.  5.  The  Legislature  shall  have  the  same  powers  to  alter  and  regulate 
the  jurisdiction  and  proceedings  in  law  and  equity  as  they  have  heretofore 
possessed. 

Sec.  G.  Provision  may  be  made  by  .law  for  designating,  from  time  to  time, 
one  or  more  of  the  said  Justices  who  is  not  a  Judge  of  the  Court  of  Appeals, 
to  preside  at  the  sreneral  terms  of  the  said  court  to  be  held  in  tho  several  di»- 


CONSTITUTION    OF   NEW-TORK.  XIU 

tricts.  Any  three  or  more  of  the  said  Justices,  of  whom  one  of  the  said  Jus- 
tices so  designated  shall  always  be  one,  may  hold  such  general  terms.  And 
any  one  or  more  of  the  Justices  may  hold  special  terms  and  Circuit  Courts, 
and  any  one  of  them  may  preside  in  Courts  of  Oyer  and  Terminer  in  any 
*ounty. 

Sec.  7.  The  Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme 
Court  shall  severally  receive,  at  stated  times,  for  their  services,  a  compensaticn 
to  be  established  by  law,  which  shall  not  be  increased  or  diminished  during 
their  continuance  in  office. 

Sec.  8.  They  shall  not  hold  any  other  office  or  public  trust.  All  votes  for 
either  of  them,  for  any  elective  office  (except  that  of  Justice  of  the  Supreme 
Court,  or  Judge  of  the  Court  of  Appeals),  given  by  the  Legislature  or  the 
people,  shall  be  void.  They  shall  not  exercise  any  power  of  appointment  to 
pubhc  office.  Any  male  citizen  of  the  age  of  twenty-one  years,  of  good  moral 
character,  and  who  possesses  the  requisite  qualificatioBw  of  learning  and 
abiUty,  shall  be  entitled  to  admission  to  practice  in  all  the  courts  of  this  State. 

Sec.  9.  The  classification  of  the  Justices  of  the  Supreme  Court,  the  times 
and  place  of  holding  the  terms  of  the  Court  of  Appeals,  and  of  tlie  general 
and  special  terms  of  the  Supreme  Court  within  the  several  districts,  and  the 
Circuit  Courts  and  Courts  of  Oyer  and  Terminer  within  the  several  counties, 
shall  be  provided  for  by  law. 

Sec.  10.  The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as  in 
cases  at  law. 

Sec.  11.  Justices  of  the  Supreme  Court,  and  Judges  of  the  Court  of  Ap- 
peals, may  be  removed  by  concurrent  resolution  of  both  houses  of  the  Legis- 
lature, if  two-thirds  of  all  the  members  elected  to  the  Assembly,  and  a 
majority  of  all  the  members  elected  to  the  Senate,  concur  therein.  All  judi- 
cial officers,  except  those  mentioned  in  this  section,  and  except  Justices  of 
the  Peace,  Judges  and  Justices  of  inferior  courts  not  of  record,  may  be 
removed  by  the  Senate,  on  the  recommendation  of  the  Governor :  but  no 
removal  shall  be  made  by  virtue  of  this  section,  unless  the  cause  thereof  be 
entered  on  the  journals,  nor  unless  the  party  complained  of  shall  have  been 
served  with  a  copy  of  the  complaint  against  him,  and  shall  have  had  an 
opportunity  of  being  heard  in  his  defence.  On  the  question  of  removal,  the 
yeas  and  nays  shall  be  entered  on  the  journals. 

Sec.  12.  -The  Judges  of  the  Court  of  Appeals  shall  be  elected  by  the  elec- 
tors of  the  State,  and  the  Justices  of  the  Supreme  Court  by  the  electors  of  the 
several  judicial  districts,  and  at  such  times  as  may  be  prescribed  by  law. 

Sec.  13.  In  case  the  office  of  any  Judge  of  the  Court  of  Appeals,  or  Jus- 
jice  of  the  Supreme  Court,  shall  become  vacant  before  the  expiration  of  the 
regular  term  for  which  he  was  elected,  the  vacancy  may  be  filled  by  appoint- 
ment by  the  Governor,  until  it  shall  be  supplied  at  the  next  general  election 
of  Judges,  when  it  shall  be  filled  by  election  for  the  residue  of  the  unexpired 
term. 

Sec.  14.  There  shall  be  elected  in  each  of  the  counties  of  this  State,  except 
the  city  and  county  of  New- York,  one  County  Jutlge,  who  shall  hold  his 
office  for  four  years.  He  shall  hold  the  County  Court,  and  perform  the 
duties  of  the  office  of  Surrogate.  The  County  Court  shall  have  such  jurisdic- 
tion in  .-»scs  arising  in  Justices'  Courts,  and  in  special  cases,  as  the  Legisla- 
ture may  prescribe,  but  shall  have  no  original  civil  jurisdiction,  except  in  sucb 
special  cases. 


aV  CONSTITUTION    OF    NEW-YORK. 

The  County  Judge,  with  two  Justices  of  the  Peace,  to  be  designated  ac- 
cording to  law,  may  hold  Courts  of  Sessions  with  such  criminal  jurisdiction 
as  the  Legislature  shall  prescribe,  and  perform  such  other  duties  as>  may  be 
required  by  law. 

The  County  Judge  shall  receive  an  annual  salary,  to  be  fixed  by  the 
Board  of  Supervisors,  which  shall  be  neither  increased  nor  diminished  during 
his  continuance  in  office.  The  Justices  of  the  Peace,  for  services  in  Courts  of 
Ses.sions,  shall  be  paid  a  per  diem  allowance  out  of  the  county  treasury. 

In  counties  having  a  population  exceeding  forty  thousand,  the  Legislature 
may  provide  for  the  elettion  of  a  separate  officer  to  perform  the  duties  of  the 
office  of  Surrogate. 

The  Legislature  may  confer  equity  jurisdiction  in  special  cases  upon  the 
County  Judge. 

Inferior  local  courts,  of  civil  and  criminal  jurisdiction,  may  be  established 
by  the  Legislature  in  cities ;  and  such  courts,  except  for  the  cities  of  New- 
York  and  Buffalo,  shall  have  a  uniform  organization  and  jurisdiction  in  such 
cities. 

Sec.  15.  The  Legislature  may,  on  application  of  the  Board  of  Supervisors, 
provide  for  the  election  of  local  officers,  not  to  exceed  two  in  any  county,  to 
discharge  the  duties  of  County  Judge  and  of  Surrogate  in  cases  of  their  in- 
ability, or  of  a  vacancy,  and  to  exercise  such  other  powers  in  special  cases  as 
may  be  provided  by  law. 

Sec.  16.  The  Legislature  may  reorganize  the  judicial  districts  at  the  first 
session  after  the  return  of  every  enumeration  under  this  constitution,  in  the 
manner  provided  for  in  the  fourth  section  of  this  article,  and  at  no  other 
time ;  and  they  may,  at  such  session,  increase  or  diminish  the  number  of 
districts,  but  such  increase  or  diminution  shall  not  be  more  than  one  district 
at  any  one  time.  Each  district  shall  have  four  Justices  of  the  Supreme 
Court;  but  no  diminution  of  the  districts  shall  have  the  efiect  to  remove  a 
Judge  from  office. 

Sec.  17.  The  electors  of  the  several  towns  shall,  at  their  annual  town 
meeting,  and  in  such  manner  as  the  Legislature  may  direct,  elect  Justices  of 
the  Peace,  whose  term  of  office  shall  be  four  years.  In  case  of  an  election 
to  fill  a  vacancy  occurring  before  the  expiration  of  a  full  term,  they  shall 
hold  for  the  residue  of  the  unexpired  term.  Their  number  and  classification 
may  be  regulated  by  law.  Justices  of  the  Peace,  and  Judges  or  Justices  of 
inferior  courts,  not  of  record,  and  their  Clerks,  may  be  removed  (after  due 
notice,  and  an  opportunity  of  being  heard  in  their  defence)  by  such  county, 
city,  or  state  courts,  as  may  be  prescribed  by  law,  for  causes  to  be  assigned 
in  the  order  of  removal. 

Sec.  18.  All  judicial  officers  of  cities  and  villages,  and  all  such  judicial 
officers  as  may  be  created  therein  by  law,  shall  be  elected  at  such  times  and 
in  such  manner  as  the  Legislature  may  direct. 

Sec.  19.  The  Clerks  of  the  several  counties  of  this  State  shall  be  Clerks 
of  the  Supreme  Court,  with  such  powers  and  duties  as  shall  be  prescribed 
by  law.  A  Clerk  for  the  Court  of  Appeals,  to  be  ex-qfficio  Clerk  of  the  Su- 
preme Court,  and  to  keep  his  office  at  the  seat  of  government,  shall  be  chosen 
Dy  the  electors  of  the  State ;  he  shall  hold  his  office  for  three  years,  and  hi^ 
compensation  shall  be  fixed  by  law,  and  paid  out  of  the  public  treasury. 

Sec.  20.  No  judicial  officer,  except  Justices  of  the  Peace,  shall  receive  U 
ids  own  use  any  fees  or  perquisites  of  office. 


COXSTirUTIOX    OF    NEW-rORK.  Cf 

Sec.  21.  The  Legislature  may  authorize  the  judgments,  decrees,  an?  de- 
cisions of  any  local  inferior  court  of  record  of  original  civil  jurisdiction, 
•established  in  a  city,  to  be  removed  for  review  directly  into  the  Court  of 
Appeals. 

Sec.  '22.  The  Legislature  shall  provide  for  the  speedy  publication  of  all 
statute  laws,  and  such  judicial  decisions  as  it  may  deem  expedient.  And  all 
laws  and  judicial  decisions  shall  be  free  for  publication  by  any  person. 

Sec.  "23.  Tribunals  of  conciliation  may  be  established,  with  such  powers 
and  duties  as  may  be  prescribed  by  law ;  but  such  tribunals  shall  have  no 
power  to  render  judgment  to  be  obligatory  on  the  parties,  except  tli<;y  volun- 
tarily submit  their  matters  in  difference,  and  agree  to  abide  the  judgment  or 
assent  thereto,  in  the  presence  of  such  tribunal,  in  such  cases  as  shall  be 
prescribed  by  law. 

Sec.  24.  The  Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  provide  for  the  appointment  of  three  Commissioners, 
whose  duty  it  shall  be  to  revise,  reform,  simplify,  and  abridge,  the  rules  and 
practice,  pleadings,  forms,  and  proceedings  of  the  courts  of  record  of  this 
State,  and  to  report  thereon  to  the  Legislature,  subject  to  their  adoption  and 
modification  from  time  to  time. 

Sec.  '2d.  The  Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  provide  tor  the  organization  of  the  Court  of  Appeals,  and 
for  transferring  to  it  the  business  pending  in  the  Court  for  the  Correction  of 
Errors,  and  for  the  allowance  of  writs  of  error  and  appeals  to  the  Court  of 
Appeals,  from  the  judgments  and  decrees  of  the  present  Court  of  Chancery 
and  Supreme  Court,  and  of  the  courts  that  may  be  organized  under  this 
Constitution. 

ARTICLE    VII. 


Sec.  I.  After  paying  the  expenses  of  collection,  superintendence,  and  ordi- 
nary repairs,  there  shall  be  appropriated  and  set  apart  in  each  fiscal  year, 
out  of  the  revenues  of  the  State  canals,  commencing  on  the  first  day  of  June, 
one  thousand  eight  hundred  and  forty-six,  the  sum  of  one  million  and  three 
hundred  thousand  dollars,  until  the  first  day  of  June,  one  thousand  eight 
hundred  and  fifty-five,  and  from  that  time,  the  suin  of  one  million  and  seven 
hundred  thousand  dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the 
interest  and  redeem  the  principal  of  that  part  of  the  State  debt  called  the 
canal  debt,  as  it  existed  at  the  time  first  aforesaid,  and  including  three  hun- 
dred thousand  dollars  then  to  be  borrowed,  until  the  same  shall  be  wholly 
paid  ;  and  the  principal  and  income  of  the  said  sinking  fund  shall  be  sacredly 
applied  to  that  purpose. 

Sec.  2.  After  complying  with  tht;  provisions  of  tiie  first  section  of  this 
article,  there  shall  be  appropriated  and  set  apart  out  of  the  surplus  revenues 
of  the  State  canals,  in  each  fiscal  year,  commencing  on  the  first  day  of  June, 
one  thousand  eight  hundred  and  Ibrty-six,  the  sum  of  three  hundred  and 
fifty  thousand  dollars,  until  the  time  when  a  sufficient  sum  shall  have  been 
appropriated  and  set  apart,  under  the  said  first  section,  to  pay  the  interest 
and  extinguish  the  entire  principal  of  the  canal  debt;  and  atler  that  period, 
then  the  sum  of  one  million  and  five  hundred  thousand  dollars  in  each  fiscal 
year,  as  a  sinking  fund,  to  pay  the  interest  and  redeem  the  principal  of  that 
part  of  the  State  debt  called  the  general  fund  debt,  including  the  debt  fol 


rvi  CONSTITUTION    OF    KEW-YORK. 

loans  of  the  State  credit  to  railroad  companies  which  have  failed  to  pay  the 
interest  thereon,  and  also  the  contingent  debt  on  State  stocks  loaned  to  in- 
corporated companies  which  have  hitherto  paid  the  interest  thereon,  when- 
ever and  as  far  as  any  part  thereof  may  become  a  charge  on  the  treasury  or 
general  fund,  until  the  same  shall  be  wholly  paid  ;  and  the  principal  and 
income  of  the  said  last  mentioned  sinking  fund  shall  be  sacredly  applied  to 
the  purpose  aforesaid ;  and  if  the  payment  of  any  part  of  the  moneys  to  the 
said  sinking  fund  shall  at  any  time  be  deferred,  by  reason  of  tlie  priority 
recognized  in  the  first  section  of  this  article,  the  sum  so  deferred,  with  quar- 
terly interest  thereon,  at  the  then  current  rate,  shall  be  paid  to  the  last  men- 
tioned sinking  fund,  as  soon  as  it  can  be  done  consistently  with  the  just 
rights  of  the  creditors  holding  said  canal  debt. 

Sec.  3.  After  paying  the  said  expenses  of  superintendence  and  repairs  of 
the  canals  and  the  sums  appropriated  by  the  first  and  second  sections  of  this 
article,  there  shall  be  paid  out  of  the  surplus  revenues  of  the  canals,  to  tlie 
treasury  of  the  State,  on  or  before  the  thirtieth  day  of  September,  in  each 
year,  for  the  use  and  benefit  of  the  general  fund,  such  sum,  not  exceeding 
two  hundred  thousand  dollars,  as  may  be  required  to  defray  the  necessary 
expenses  of  the  State  ;  and  the  remainder  of  the  revenues  of  the  said  canals 
shall,  in  each  fiscal  year,  be  applied,  in  such  manner  as  the  Legislature  shall 
direct,  to  the  completion  of  the  Erie  Canal  enlargement,  and  the  Genesee 
Valley  and  Black  River  canals,  until  the  said  canals  shall  be  completed. 

If,  at  any  time  after  the  period  of  eight  years  from  the  adoption  of  this 
Constitution,  the  revenues  of  the  State,  unappropriated  by  this  article,  shall 
not  be  sufficient  to  defray  the  necessary  expenses  of  the  government,  with- 
out continuing  or  laying  a  direct  tax,  the  Legislature  may,  at  its  discretion, 
supply  the  deficiency,  in  whole  or  in  part,  from  the  surplus  revenues  of  the 
canals,  after  complying  with  the  provisions  of  the  first  two  sections  of  this 
article,  for  paying  the  interest  and  extinguishing  the  principal  of  the  canal 
said  general  fund  debt;  but  the  sum  thus  appropriated  from  the  surplus 
revenues  of  the  canals  shall  not  exceed  annually  three  hundred  and  fifty 
thousand  dollars,  including  the  sum  of  two  hundred  thousand  dollars,  pro- 
vided for  by  this  section  for  the  expenses  of  the  government,  until  the  gen- 
eral fund  debt  shall  be  extinguished,  or  until  the  Erie  Canal  enlargemeni 
and  Genesee  Valley  and  Black  River  canals  shall  be  completed  ;  and  after 
that  debt  shall  be  paid,  or  the  said  canals  shall  be  completed,  then  the  sum 
of  six  hundred  and  seventy-two  thousand,  five  hundred  dollars,  or  so  much 
thereof  as  shall  be  necessary,  may  be  annually  appropriated  to  defray  the 
expenses  of  the  government. 

Sec.  4.  The  claims  of  the  State  against  any  incorporated  company  to  pay 
the  interest  and  redeem  the  principal  of  the  stock  of  the  State  loaned  or 
advanced  to  such  company,  shall  be  fairly  enforced,  and  not  released  or 
compromised  ;  and  the  moneys  arising  from  such  claims  shall  be  set  apart 
and  applied  as  part  of  the  sinking  iund  provided  in  the  second  section  of 
this  article.  But  the  time  limited  for  the  fulfilment  of  any  condition  of  any 
release  or  compromise  heretofore  made  or  provided  for,  may  be  extended  by 
law. 

Sec.  5.  If  the  sinking  funds,  or  either  of  them,  provided  in  this  article, 
shall  prove  insufficient  to  enable  the  State,  on  the  credit  of  such  fund,  to 
procure  the  means  to  satisfy  the  claims  of  the  creditors  of  the  State,  as  they 
become  payable,  the  Legislature  shall,  by  equitable  taxes   so  increase  the 


CONSTITUTION    OF    NEW-YORK.  XVh 

'evenues  of  the  said  funds,  as  to  make  them,  respectively,  sufficient  perfectly 
to  preserve  the  public  faith.  Every  contribution  or  advance  to  the  canals, 
or  their  debt,  from  any  source,  other  than  their  direct  revenues,  shall,  with 
quarterly  interest,  at  the  rates  then  current,  be  repaid  into  the  treasury,  for 
the  use  of  the  State,  out  of  the  canal  revenues,  as  soon  as  it  can  be  done  con- 
sistently with  the  just  rights  of  the  creditors  holding  the  said  canal  debt. 

Sec.  6.  The  Legislature  shall  not  sell,  lease,  or  otherwise  dispose  of  any 
of  the  canals  of  the  State ;  but  they  shall  remain  the  property  of  the  State 
and  under  its  management  forever. 

Sec.  7.  The  Legislature  shall  never  sell  or  dispose  of  the  salt  springs 
belonging  to  this  State.  The  lands  contiguous  thereto,  and  which  may  be 
necessary  and  convenient  for  the  use  of  the  salt  springs,  may  be  sold  by 
authority  of  law,  and  under  the  direction  of  the  Commissioners  of  the  land 
office,  for  the  purpose  of  investing  the  moneys  arising  therefrom  in  other 
lands  alike  convenient;  but  by  such  sale  and  purchase  the  aggregate  quan- 
tity of  these  lands  shall  not  be  diminished. 

Sec.  8.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of  this  State, 
or  any  of  its  funds,  or  any  of  the  funds  under  its  management,  except  in 
pursuance  of  an  appropriation  by  law;  nor  unless  such  payment  be  made 
within  two  years  next  after  the  passage  of  such  appropriation  act ;  and 
every  such  law  making  a  new  appropriation,  or  continuing  or  reviving  an 
appropriation,  shall  distinctly  specily  the  sum  appropriated,  and  the  object  to 
which  it  is  to  be  applied  ;  and  it  shall  not  be  sufficient  for  such  law  to  refer 
to  any  other  law  to  fix  such  sum. 

Sec.  9.  The  crtdlt  of  the  State  shall  not.  in  any  manner,  be  given  or  loaned 
to,  or  in  aid  of  any  individual,  association,  or  corporation. 

Sec.  10.  The  State  may,  to  meet  casual  deficits  or  failures  in  revenues, 
or  for  expenses  not  provided  for,  contract  debts,  but  such  debts,  direct  and 
contingent,  singly  or  in  the  aggregate,  shall  not,  at  any  time,  exceed  one 
million  of  dollars;  and  the  moneys  arising  from  the  loans  creating  such 
debts,  shall  be  applied  to  the  purpose  for  which  tliey  were  obtained,  or  to 
repay  the  debt  so  contracted,  and  to  no  other  purpose  whatever. 

Sec.  11.  In  addition  to  the  above  hmited  power  to  contract  debts,  the 
State  may  contract  debts  to  repel  invasion,  suppress  insurrection,  or  defend 
the  State  in  war ;  but  the  money  arising  from  the  contracting  of  such  debts 
shall  be  applied  to  the  purpose  for  which  it  was  raised,  or  to  repay  such 
debts,  and  t'j  no  other  purpose  whatever. 

Sec.  12.  Except  the  debts  specified  in  the  tenth  and  eleventh  sections  of 
this  article,  no  debt  shall  hereafter  be  contracted  by  or  on  behalf  of  this 
State,  unless  such  debt  shall  be  authorized  by  a  law  for  some  single  work  or 
object,  to  be  distinctly  specified  therein,  and  such  law  shall  impose  and  pro- 
vide for  the  collection  of  a  direct  annual  tax  to  pay,  and  sufficient  to  pay 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt  within  eighteen  years  from  the  time  of  the  contracting 
thereof. 

No  such  law  shall  take  effect  until  it  shall,  at  a  general  election,  have 
been  submitted  to  the  people,  and  have  received  a  majority  of  all  the  votes 
cast  tor  and  against  it,  at  such  election. 

On  the  final  passage  of  such  bill  in  either  house  of  the  Legislature,  the 
question  shall  be  taken  by  yeas  and  nays,  to  be  duly  entered  on  the  journals 


XVUl  CONSTITUTIOK    OF    NEW-YORK. 

thereof,  anil  shall  be — "  Shall  this  bill  pass,  and  ought  the  same  to  receive 
the  sanction  of  the  people  1" 

The  Legislature  may  at  any  time,  after  the  approval  of  such  law  by  the 
people,  if  no  debt  shall  have  been  contracted  in  pursuance  thereof  repeal 
the  same  ;  and  may  at  any  time,  by  law,  forbid  the  contracting  of  any  fur- 
ther debt  or  liability  under  such  law ;  but  the  tax  imposed  by  such  act,  in 
proportion  to  the  debt  and  liability  which  may  have  been  contracted  in  pur- 
suance of  such  law,  shall  remain  in  force  and  be  irrepealable,  and  be  an- 
nually collected  until  the  proceeds  thereof  shall  have  made  the  provision 
hereinbefore  specified,  to  pay  and  discharge  the  interest  and  principal  of 
such  debt  and  liability. 

The  money  arising  from  any  loan  or  stock  creating  such  debt  or  liability, 
shall  be  applied  to  the  work  or  object  specified  in  the  act  authorizing  such 
debt  or  liability,  or  for  the  repayment  of  such  debt  or  liability,  and  for  no 
other  purpose  whatever. 

No  such,  law  shall  be  submitted  to  be  voted  on,  within  three  months  after 
its  passage,  or  at  any  general  election,  when  any  other  law,  or  any  bill,  or 
any  amendment  to  the  Constitution,  shall  be  submitted  to  be  voted  for  or 
against. 

Skc.  13.  Every  law  which  imposes,  continues,  or  revives,  a  tax,  shall  dis- 
tinctly state  the  tax  and  the  object  to  which  it  is  to  be  applied,  and  it  shall 
nqjt  be  sufficient  to  refer  to  any  otlier  law  to  fix  such  tax  or  object. 

Sec.  14.  On  the  final  passage  in  either  house  of  the  Legislature,  of  every 
act  which  imposes,  continues,  or  revives,  £j  tax,  or  creates  a  debt  or  charo-e, 
or  makes,  continues,  or  revives,  any  appropriation  of  public  or  trust  money  or 
property,  or  releases,  discharges,  or  commutes,  any  claim  or  demand  of  the 
State,  the  question  shall  be  taken  by  yeas  and  nays,  which  shall  be  duly 
entered  on  the  journals,  and  three-fifths  of  all  the  members  elected  to  either 
house  shall,  in  such  cases,  be  necessary  to  constitute  a  quorum  therein. 

ARTICLE    VIII. 

CORPORATIONS. 

Sec.  1.  Corporations  may  be  formed  under  general  laws;  but  shall  not  be 
created  by  special  act,  except  for  municipal  purposes,  and  in  cases  where,  in 
the  judgment  of  the  Legislature,  the  objects  of  the  corporation  cannot  be 
attained  under  general  laws.  All  general  laws  and  special  acts,  passed  pur- 
suant to  this  section,  may  be  altered  from  time  to  time,  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual  lia- 
bility of  the  corporators  and  other  means  as  may  be  prescribed  by  law. 

Skc.  3.  The  term  corporations  as  used  in  this  article  shall  be  construed  to 
include  all  associations  and  joint-stock  companies  having  any  of  the  powers 
or  privileges  of  corporations  not  possessed  by  individuals  or  partnerships;  and 
all  corporations  shall  have  the  right  to  sue  and  shall  be  subject  to  be  sued  in 
all  courts  in  like  cases  as  natural  persons. 

Sec.  4.  The  Legislature  shall  have  no  power  to  pass  any  act  granting  any 
special  charter  for  banking  purposes ;  but  corporations  or  associations  may 
be  fornr.ed  for  such  purposes  under  general  laws. 

Sec.  5.  The  Legislature  shall  have  ho  power  to  pass  any  law  sanctioning 
in  any  manner,  directly  or  indirectly,  the  suspension  of  specie  payments,  by 
any  person,  association,  or  corporation,  issuing  bank  notes  of  any  description. 


,  COXSTITUTION    OF    NEW-YORK.  XIX 

Sec.  6.  The  Legislature  shall  provide  by  law  for  the  registry  of  ali  bills  or 
notes,  issued  or  put  in  circulation  as  money,  and  shall  require  ample  security 
for  the  redemption  of  the  same  in  specie. 

Sec.  7.  The  stockholders  in  every  corporation  and  joint-stock  association 
for  banking  purposes,  issuing  bank  notes  or  any  kind  of  paper  credits  to  cir- 
culate as  money,  after  the  first  day  of  January,  one  thousand  eight  hundred 
and  fifty,  shall  be  individually  responsible  to  the  amount  of  their  respective 
share  or  shares  of  stock  in  any  such  corporation  or  association,  for  all  its 
debts  and  liabilities  of  every  kind,  contracted  after  the  said  first  day  of  Jan- 
uary, one  thousand  eight  hundred  and  fifty. 

Sec.  8.  In  case  of  the  insolvency  of  any  bank  or  banking  association,  the 
bill-holders  thereof  shall  be  entitled  to  preference  in  payment  over  all  other 
creditors  of  such  bank  or  association. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the  organi- 
zation of  cities  and  incorporated  villages,  and  to  restrict  their  power  of  tax- 
ation, assessment,  borrowing  money,  contracting  debts,  and  loaning  their 
credit,  so  as  to  prevent  abuses  in  assessments  and  in  contracting  debt  by  such 
municipal  corporations. 

ARTICLE    IX. 

EDUCATIO^f. 

Sec.  1.  The  capital  of  the  common  school  fund,  the  capital  of  the  literature 
fund,  and  the  capital  of  the  United  States  deposit  fund,  shall  be  respectively 
preserved  inviolate.  The  revenue  of  the  said  common  school  fund  shall  be 
applied  to  the  support  of  common  schools  ;  the  revenues  of  the  said  literature 
fund  shall  be  apphed  to  the  support  of  academies,  and  the  sum  of  twenty-five 
thousand  dollars  of  the  revenues  of  the  United  States  deposit  fund  shall  each 
year  be  appropriated  to  and  made  a  part  of  the  capital  of  the  said  common 
school  fund. 

ARTICLE    X. 

LOCAL    OFFICERS. 

Sec.  1.  Sheriffs,  Clerks  of  counties,  including  the  Register  and  Clerk  of 
the  city  and  county  of  New-York,  Coroners,  and  District  Attorneys,  shall 
be  chosen  by  the  electors  of  the  respective  counties,  once  in  every  three 
years,  and  as  often  as  vacancies  shall  happen.  Sheriffs  shall  hold  no  other 
office,  and  be  ineligible  for  the  next  three  years  after  the  termination  of  their 
offices.  They  may  be  required  by  law  to  renew  their  security,  from  time  to 
time  ;  and  in  default  of  giving  such  new  security,  their  offices  shall  be  deemed 
vacant.  But  the  county  shall  never  be  made  responsible  for  the  acts  of  the 
Sheriff. 

The  Governor  may  remove  any  officer,  in  this  section  mentioned,  within 
the  term  for  which  he  shall  have  been  elected:  giving  to  such  officer  a  copy 
of  the  charges  against  him,  and  an  opportunity  of  being  heard  in  his  defence. 

Sec.  2.  All  county  officers,  whose  election  or  appointment  is  not  provided 
for  by  this  Constitution,  shall  be  elected  by  the  electors  of  the  respective 
counties,  or  appointed  by  the  boards  of  Supervisors,  or  other  county  authori- 
ties, as  the  Legislature  shall  direct.  All  city,  town,  and  village  officers,  whose 
election  or  appointment  is  not  provided  tor  by  this  Constitution,  shall  be 
elected  by  the  electors  of  such  cities,  towns,  and  villages,  or  of  some  division 


XX  CONSTITUTION    OF    NEW-TORK. 

thereof,  or  appointed  by  such  authorities  thereof  as  the  Legislature  shall 
designate  for  that  purpose.  All  other  officers  whose  election  or  appointment 
iS  not  provided  for  by  this  Constitution,  and  all  officers  whose  offices  may 
yiereatler  be  created  by  law,  shall  be  elected  by  the  people,  or  appointed,  as 
the  Legislature  may  direct. 

Sec.  3.  When  the  duration  of  any  office  is  not  provided  by  this  Constitu- 
tion, it  may  be  declared  by  law;  and  if  not  so  declared,  such  office  shall  be 
held  during  the  pleasure  of  the  authority  making  the  appointment. 

Sec.  4.  The  time  of  electing  all  officers  named  in  this  article  shall  be  pre- 
scribed by  law. 

Si:c.  5.  The  Legislature  shall  provide  for  filling  vacancies  in  office;  and 
in  case  of  elective  officers,  no  person  appointed  to  fill  a  vacancy  shall  hold 
his  office  by  virtue  of  such  appointment  longer  than  the  commencement  of 
the  political  year  next  succeeding  the  first  annual  election  after  the  happen- 
ing of  the  vacancy. 

Sec.  G.  The  political  year  and  legislative  term  shall  begin  on  the  first  day 
of  January,  and  the  Legislature  shall  every  year  assemble  on  the  first  Tues- 
day in  January,  unless  a  different  day  may  be  appointed  by  law. 

Sec.  7.  Provision  shall  be  made  by  law  for  the  removal,  for  misconduct  or 
malversation  in  office,  of  all  officers  (except  judicial)  whose  powers  and  duties 
are  not  local  or  legislative,  and  who  shall  be  elected  at  general  elections,  and 
also  for  supplying  vacancies  created  by  such  removal. 

Sec.  8.  The  Legislature  may  declare  the  cases  in  which  any  office  shall  be 
deemed  vacant,  where  no  provision  is  made  for  that  purpose  in  this  Coij- 
stitution. 

ARTICLE    XI. 


Sec.  1.  The  militia  of  this  State  shall  at  all  times  hereafter  be  armed  and 
disciplined,  and  in  readiness  for  service;  but  all  such  inhabitants  of  this 
State,  or  any  religious  denomination  whatever,  as  from  scruples  of  con- 
science, may  be  averse  to  bearing  arms,  shall  be  excused  therefrom,  upon 
such  condition  as  shall  be  prescribed  by  law. 

Sec.  2.  Militia  officers  shall  be  chosen  or  appointed  as  follows:  Captains, 
subalterns,  and  non-commissioned  officers,  shall  be  chosen  by  the  written 
votes  of  the  members  of  their  respective  companies  ;  field  officers  of  regiments 
and  separate  battalions,  by  the  written  votes  of  the  commissioned  officers  of 
the  respective  regiments  and  separate  battalions;  Brigadier  Generals,  and 
Britrade  Inspectors  by  the  field  oHicers  of  their  respective  brigades;  Major 
Generals.  Brigadier  Generals,  and  commanding  officers  of  regiments  or  sepa- 
rate battalions,  shall  appoint  the  staff'  officers  to  their  respective  divisions, 
brigades,  regiments,  or  separate  battalions. 

Sec.  3.  The  Governor  shall  nominate,  and,  with  the  consent  of  the  Senate, 
appoint  all  Major  Generals,  and  the  Co:nmissary  General.  The  Adjutant 
General  and  other  chiefs  of  staff"  departments,  and  the  Aids-de-camp  of  the 
Commonder-in-chief  shall  be  appointed  by  the  Governor,  and  their  commis- 
sions shjvll  expire  with  the  time  for  which  the  Governor  shall  have  been 
elected.  The  Commissary  General  shall  hold  his  office  for  two  years.  He 
shall  give  security  for  the  faithful  execution  of  the  duties  of  his  office,  in  such 
manner  onU  amount  as  shall  be  prescribed  by  law. 


CONSTITUTION    OF   N^W-TORK. 

Sec.  4.  The  Legislature  shall,  by  Aw,  difect  the  time  and  manner  ot 
electing  militia  officers,  and  of  certifying  their  elections  to  the  Governor. 

Sec.  5.  The  commissioned  officers  of  the  militia  shall  be  commissioned  by 
the  Governor;  and  no  commissioned  officer  shall  be  removed  from  office, 
unless  by  the  Senate,  on  the  recommendation  of  the  Governor,  statino-  the 
grounds  on  which  such  removal  is  recommended,  or  by  the  decision  of  a 
''>o'irt-martial,  pursuant  to  law.  The  present  officers  of  the  militia  shall  hold 
"fl'sir  fximmissions  subject  to  removal  as  before  provided. 

•Seo.  6.  In  case  the  mode  of  election  and  appointment  of  militia  officers 
3er;bv  directed  shall  not  be  found  conducive  to  the  improvement  of  the 
'^nihtia,  the  Legislature  may  abohsh  the  same,  and  provide  by  law  for  their 
appointment  and  removal,  if  two-thirds  of  the  members  r)resent  in  each  house 
shall  concur  therein. 

ARTICLE    XII. 

OFFICIAL    OATHS. 

Sec.  1.  Members  of  the  Legislature,  and  all  officers,  executive  and  judicial, 
■ixrept  such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they 
ftnter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  he)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of  New- 
York  ;  and  that  I  will  faithfully  discharge  the  duties  of  ,  according  to 
cae  oest  of  my  ability." 

4n.l  no  other  oath,  declaration,  or  test,  shall  be  required  as  a  qualification 
ibf  .v.ny  office  or  public  trust. 

ARTICLE    Xin. 

AMENDMENTS. 

Sec.  1.  Any  amendment  or  amendments  to  this  Constitution  may  be  pro- 
posed in  the  Senate  and  Assembly;  and  if  the  same  shall  be  agreed  to  by  a 
majority  of  the  members  elected  to  each  of  the  two  houses,  such  proposed 
amendment  or  amendments  shall  be  entered  on  their  journals  with  the  yeas 
and  nays  taken  thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the 
uext  general  election  of  Senators,  and  shall  be  published  for  three  months 
previous  to  the  time  of  making  such  choice ;  and  if  in  the  Legislature  so 
next  chosen  as  aforesaid,  such  proposed  amendment  or  amendments  shall  be 
agreed  to  by  a  majority  of  all  the  members  elected  to  each  house,  then  it 
shall  be  the  duty  of  the  Legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  people,  in  such  manner  and  at  such  time  as  the  Legisla- 
ture shall  prescribe ;  and  if  the  people  shall  approve  and  ratify  such  amend- 
ment or  amendments,  by  a  majority  of  the  electors  qualified  to  vote  for  mem- 
oers  of  the  Legislature,  voting  thereon,  such  amendment  or  amendments  shall 
c>c<«>ine  part  of  the  Constitution. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  one  thousand  eight 
hundred  and  sixty-six,  and  in  each  twentieth  year  thereafter,  and  also  at 
such  time  as  the  Legislature  may  by  law  provide,  the  question — "  Shall  thera 
oe  a  convention  to  revise  the  Constitution  and  amend  the  samel"  shall  ba 

41 


Cai  CONSTITUTION    OF  NEW-YORK. 

decided  by  the  electors  qualified  to  vote  for  members  of  the  Legislature :  and 
m  case  a  majority  of  the  electors  so  qualified,  voting  at  such  election,  shall 
decide  in  favor  of  a  convention  for  such  purpose,  the  Legislature,  at  its 
next  session,  shall  provide  by  law  for  the  election  of  delegates  to  such  con- 
vention. 

ARTICLE    XIV. 

MISCELLANEOUS. 

Sec.  1.  The  first  election  of  Senators  and  Members  of  Assembly,  purssuao' 
to  the  provisions  of  this  Constitution,  shall  be  held  on  the  Tuesday  succeeCug 
ibo  first  Monday  of  November,  one  thousand  eight  hundred  and  forty-seven. 

The  Senators  and  Members  of  Assf  lubly  who  may  be  in  office  on  the  first 
day  of  January,  one  thousand  eij^ht  liundrcd  and  forty-seven,  shall  hold  their 
offices  until  and  including  the  thirty -first  day  of  December  following,  and  no 
longer. 

Sec.  2.  The  first  election  of  Governor  and  Lieutenant-Governor  under  this 
Constitution  shall  be  held  on  the  Tuesday  succeeding  the  first  Monday  of 
November,  one  thousand  eight  hundred  and  Ibrty-eight;  and  the  Governor 
and  Lieutenant-Governor  in  office  when  tiiis  Constitution  shall  take  efTect, 
shall  hold  their  respective  oflTices  until  and  including  t!ie  thirty-first  dav  of 
December  of  that  year. 

Sec.  3.  The  Secretary  of  State,  Comptroller,  Treasurer,  Attorney-Geneiai, 
District  Attorneys,  Surveyor-General,  Canal  Commissioners,  and  Inspectors 
of  State  Prisons,  in  office  when  tiiis  Constitution  shall  take  effect,  shall  hold 
their  respective  offices  until  and  including  the  thirty-first  day  of  December, 
one  thousand  eight  hundred  and  forty-seven,  and  no  longer. 

Sec.  4.  The  first  election  of  Judges  and  Clerk  of  the  Court  of  Appeals, 
Justices  of  the  Supreme  Court,  and  County  Judges,  shall  take  place  at  such 
time  between  the  first  Tuesday  of  April  and  the  second  Tuesday  of  June, 
one  thousand  eight  hundred  and  forty-seven,  as  may  be  prescribed  by  law 
The  said  courts  shall  respectively  enter  upon  their  duties  on  the  first  Mon"a» 
of  July  next  thereafter,  but  the  terra  of  oflice  of  said  Judges,  Clerk  anu  «  js- 
tices,  as  declared  by  this  Constitution,  shall  be  deemed  to  commence  on  tht 
first  day  of  January,  one  thousand  eight  hundred  and  forty-eight. 

Sec.  5.  On  the  first  Monday  of  July,  one  thousand  eight  hundred  and 
forty-seven,  jurisdiction  of  all  suits  and  proceedings  then  pending  in  the 
present  Supreme  Court  and  Court  of  Chancery,  and  all  suits  and  proceed- 
incrs  oritrinally  commenced  and  then  pending  in  any  Court  of  Common  Pleas 
(except  in  the  city  and  county  of  New- York)  shall  become  vested  in  the 
Supreme  Court  hereby  established.  Proceedings  pending  in  Courts  of  Com- 
mon Pleas  and  in  suits  originally  comiucnced  in  Justices'  Courts,  shall  oe 
transferred  to  the  County  Courts  provided  for  in  this  Constitution,  in  such 
manner  and  form,  and  under  such  regulations,  as  shall  be  provided  by  lavv. 
The  Courts  of  Oyer  and  Terminer  hereby  established  shall,  in  their  respective 
counties,  have  jurisdiction,  on  and  after  the  day  last  mentioned,  of  all  indict- 
ments and  proceedings  then  pending  in  the  present  Courts  of  Oyer  and  Ter- 
miner, and  also  of  all  indictments  and  proceedings  then  pending  in  the 
present  Courts  of  General  Sessions  of  the  Peace,  except  in  the  city  of  New- 
York,  and  except  in  cases  of  which  the  Courts  of  Sessions  hereby  established 


coNSTiTcrrioiir  or  new-tokk.  xxffi- 

may  lawfully  take  cognizance  ;  and  of  such  indictments  and  proceedings  the 
Courts  of  Sessions,  hereby  established,  shall  have  jurisdiction  on  and  after 
the  day  last  mentioned. 

Sec.  6.  The  Chancellor  and  the  present  Supreme  Court  shall,  respectively, 
have  power  to  hear  and  determine  any  of  such  suits  and  proceedings  ready 
on  the  first  Monday  of  July,  one  thousand  eight  hundred  and  forty-seven, 
for  hearing  or  decision,  and  shall,  for  their  services  therein,  be  entitled  to 
their  present  rates  of  compensation  until  the  first  day  of  July,  one  thousand 
eight  hundred  and  forty-eight,  or  until  all  such  suits  and  proceedings  shall 
be  sooner  heard  znd  determined.  Masters  in  Chancery  may  continue  to 
exercise  the  functions  of  their  office  in  the  Court  of  Chancery,  so  long  as  the 
Chancellor  shall  continue  to  exercise  the  functions  of  his  office  under  the 
provisions  of  this  Constitution. 

And  the  Supreme  Court  hereby  established  shall  also  have  power  to  hear 
and  determine  such  of  said  suits  and  proceedings  as  may  be  prescribed  by 
law. 

Sec.  7.  In  case  any  vacancy  shall  occur  in  the  office  of  Chancellor  or 
Justice  of  the  present  Supreme  Court,  previous  to  the  first  day  of  July,  one 
thousand  eight  hundred  and  forty-eight,  the  Governor  may  nominate,  and, 
by  and  with  the  advice  and  consent  of  the  Senate,  appoint  a  proper  person 
to  fill  such  vacancy.  Any  Judge  of  the  Court  of  Appeals  or  Justice  of  the 
Supreme  Court,  elected  under  this  Constitution,  may  receive  and  hold  such 
appointment. 

Sec.  8.  The  offices  of  Chancellor,  Justice  of  the  existing  Supreme  Court, 
Circuit  Judge,  Vice-Chancellor,  Assistant  Vice-Chancellor,  Judge  of  the  ex- 
isting County  Courts  of  each  county,  Supreme  Court  Commissioner,  Master 
in  Chancery,  Examiner  in  Chancery,  and  Surrogate  (except  as  herein  other- 
wise provided),  are  abolished  from  and  after  the  first  Monday  of  July,  one 
thousand  eight  hundred  and  forty-seven. 

Sec.  9.  The  Chancellor,  the  Justices  of  the  present  Supreme  Court,  and 
the  Circuit  Judges,  are  hereby  declared  to  be  severally  eligible  to  any  office 
at  the  first  election  under  this  Constitution. 

Sec.  10.  Sheriffs,  and  Clerks  of  counties  (including  the  Register  and  Clerk 
of  the  city  and  county  of  New- York),  and  Justices  of  the  Peace,  and  Coro- 
ners, in  office  when  this  Constitution  shall  take  effect,  shall  hold  their  respec- 
tive offices  until  the  expiration  of  the  term  for  which  they  were  respectively 
.  elected. 

Sec.  11.  Judicial  officers,  in  office  when  this  constitution  shall  take  effect, 
may  continue  to  receive  such  fees  and  perquisites  of  office  as  are  now  author- 
ized by  law,  until  the  first  day  of  July,  one  thousand  eight  hundred  and 
forty-seven,  notwithstanding  the  provisions  of  the  twentieth  section  of  the 
sixth  article  of  this  Constitution. 

Sec.  12.  All  local  courts  established  in  any  city  or  village,  including  the 
Superior  Court,  Common  Pleas,  Sessions,  and  Surrogate's  Courts,  of  tne  city 
and  county  of  New- York,  shall  remain,  until  otherwise  directed  by  the 
Legislature,  with  their  present  powers  and  jurisdiction ;  and  the  Judges  of 
such  Courts  and  any  Clerks  thereof  in  office  on  the  first  day  of  January, 
one  thoas-ind  eight  hundred  and  forty-seven,  shall  continue  in  office  untD 
the  expiration  of  their  terms  of  office,  or  until  the  Legislature  shall  otherwise 
direct 


XXIT  CONSTITUTION   OK  NKW-TOBK. 

Sec.  13.  This  Constitution  shall  be  in  force  fh>m  and  including  the  ttA 
day  of  Janueuy,  one  thousand  eight  hundred  and  forty-seven,  except  as  iB 
herein  otherwise  provided. 

Done  in  Convention,  at  the  Capitol,  in  the  city  of  Albany,  the  ninth  day 
of  October,  in  the  year  one  thousand  eight  hundred  and  forty-six,  and  of  the 
Independence  of  the  United  States  of  America  the  seventy-first. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

JOHN  TRACY,  President. 

James  S.  Starbuck,  1 

Francis  Seqer,        >  Secretaries. 

Henrt  W.  Strong,  J 


WORKS    PUBLISHED    BY    DERBY    <b    MILLER. 


WHAT  I  SAW   IN  NEW   YOKK; 

Or,  A  Bird's  Eye  View  op  City  Life.     By  Jokl  H.  Ross,  M.D. 
Auburn :  Derby  &  Miller. 


"  This  book  contains  the  observations  of  a  very  observing  author, 
who  has  seen  most  of  what  is  to  be  seen  in  New  Yorlv.  the  great  em- 
porium of  business,  pleasure,  riches,  poverty,  avarice,  charity  and 
crime.  The  book  contains  a  great  variety  of  useful  information,  and 
is  written  in  a  style  that  cannot  fail  to  please.  We  predict  that  it  will 
have  a  large  sale  throughout  the  country.  "We  shall  give  our  readers 
a  few  extracts  from  this  volume  in  our  next  m\mbeT."—Rutla'iul 
Advertiser. 


"  This  is,  as  it  professes  to  be,  '  A  Bird's  Eye  View  of  City  Life.'  It 
is  a  volume  of  326  pages,  and  when  we  inform  our  readers  that  it  is 
from  the  pen  of  Dr.  Ross,  we  prepare  them  to  expect  a  chaste,  appro- 
priate and  well-written  volume.  It  notices  the  public  institutions, 
benevolent  and  scientific  societies,  &c.,  and  the  work  is  interspersed 
with  sound  and  excellent  remarks  upon  a  variety  of  topics.  Wnen  we 
say  that  it  has  been  published  by  those  enterprising  publishers,  Derby 
and  Miller,  of  Auburn,  we  need  say  no  more  of  the  merits  of  itii  typog- 
raphy, binding,  &c." — Mirror  of  the  Times. 


"  Tliis  is  an  excellent  book  for  two  classes  of  persons :  first,  those 
who  go  to  New  York,  and  want  a  guide  to  enable  them  to  find  out  the 
lions ;  secondly,  those  who  never  go  thither,  but  would  still  like  to 
take  in  the  great  idea  of  the  largest  American  city,  as  far  as  they  can 
without  the  aid  of  vision.  The  writer  is  evidently  a  person  of  minute 
as  well  as  extensive  observation,  and  has  spared  no  pains  to  render 
his  work  worthy  of  the  public  patronage." — Argus. 


"  This  is  a  volume  of  over  300  pages,  and  embraces  a  great  amount 
of  statistical  and  other  information  relative  to  the  great  metropolis. 
The  author  has  drawn  from  original  sources  in  his  accounts  of  institu- 
tions and  public  charities  ;  his  work  cannot  be  without  value."— ilZicnf 
AUas. 


BOOKS    RECENTLY-    PUBLISHED    BY    DERBY    &    MILLER. 

What  I  Saw  in  London:  or,  Men  and  Things  in  the 
English  Metropolis.  By  D.  W.  Bartlett.  Auburn : 
Derby  &  Miller. 

This  volume  displays  nothing  of  the  pride  of  authorship,  but  it  has  a  freshness 
and  animation  in  its  narrative  that  are  quite  attractive,  and  coming  from  one  of  the 
youngest  writers  who  has  ever  braved  the  perils  of  the  press,  it  has  an  air  of  indi- 
vidiiiilily  that  cannot  fail  to  prepossess  the  reader  in  its  favor.  The  author  enjoyed 
good  opportunities  for  observation,  and  has  turned  them  to  excellent  account.  *  *  * 
We  copy  a  few  of  his  rapid  portraitures,  which  have  the  rare  merit  of  being  un- 
affected and  free  from  exaggeration.  The  volume  contains  numerous  easy,  unpre- 
tending sketches  of  a  similar  character,  with  a  frequent  vem  of  shrewd  remark  on 
manners  and  society  in  England.  We  often  meet  with  a  more  pretentious  traveller 
— but  seldom  with  a  more  agreeable  one. — JV.  Y.  Tribune. 

The  author  is  a  young  man,  yet  he  has  produced  in  the  volume  before  us  a  more 
readable  and  valuable  work  than  nine  tenths  of  the  books  of  travel  which  are  con- 
stantly pouring  from  the  press.  *  *  *  A  featuie  of  this  volume  that  will  interest 
many  readers  is  his  group  of  "  Sketches  of  Public  Men."  These  include  Tennyson, 
Dickens,  Carlyle,  Macaulay,  and  others. — Hartford  Times. 

The  book  is  racy  and  spirited.  Its  descriptions  are  graphic,  and  it  will  be  read 
through  with  unflagging  interest.  The  author  has  been  the  able  foreign  correspon- 
dent of  several  journals;  he  gave  the  best  description  of  the  Crystal  Palace,  we 
think,  of  any  we  saw.— Boston  Olive  Branch. 

An  air  of  originality  and  freshness  pervades  every  page.  On  the  whole,  we  think 
it  will  be  regarded  as  one  of  the  most  entertaining  books  of  the  season. — JV.  E. 
Farmer, 

He  deals  with  men  and  things,  and  the  traits  of  English  every-day  life,  kindly  and 
pleasantly,  and  he  has  made  a  neat  volume  of  excellent  reading. — J\rational 
Era. 

All  the  lions  in  London,  literary,  artistic,  political,  military,  naval,  and  clerical, 
are  vividly  sketched.  We  have  derived  a  great  deal  of  information  and  pleasure 
from  a  perusal  of  this  good  book. — Philadelphia  City  Item, 

Mr.  Bartlett  has  written  a  book  which  is  the  fruit  of  long  residence  among,  and 
extensive  observation  of  the  great  English  nation.  It  is  this  which  gives  a  value  to 
his  work  that  few  volumes  of  IrareU  can  pretend  to,  and  which  causes  us  to  strongly 
recommend  It  to  all  others. — Varpct  Bag, 

This  lively,  gossipping  volume  is  a  welcome  addition  to  the  literature  of  the  daj. 
-JV.  Y.  Organ, 


BOOKS   RECENTLY    PUBLISHED    BT   DERBY    A   MILLEB. 

The  Life  of  Gen.  Zachary  Taylor,  12th  Presideni 
of  the  United  States,  brought  down  to  his  inaiiguralion 
Steel  portrait,  12mo.,  muslin;  a  new  edition,  by  H.  Mont- 
t^'omer}'. 

*^*  18,000  of  the  above  work  have  been  sold  by  us. 

"  Thb  Life  of  Gen.  Z.  Taylor." — H.  Montgomery,  Esq.,  editor  of  the  Auburr 
L»aily  Advertiser,  has  found  leisure,  amid  tlie  multitude  of  his  engageniems,  to  get 
ui-  the  most  respectable  looking  and  carefully  prepared  biography  of  the  old  General 
w- have  yet  seen.  It  makes  a  neat  volume,  and  is  printed  on  excellent  paper  and 
nt«  vpe.  and  bound  in  the  very  best  style.  It  cannot  fail  to  find  i  tremendous  sale , 
a  vr.-'V[  due  alike  to  the  book  itself,  and  llie  enterprise  of  its  busy  publishers.- 
Aibimy  Evening  Journal. 

"  Life  of  General  Zachary  Taylor,  by  //.  Montgojnery,"  is  the  latest  aii' 
lu'isi  complete  of  the  numerous  volumes  purporting  to  be  'Lives' of  the  Gwiera 
The  author  of  thi.s  work  —  likewise  editor  of  the  Auburn  .Journal  —  is  already  knov*  j 
11.^  a  forcible  and  pleasing  writer,  handling  liis  subject  with  a  masterly  hand  ;  iJie  .; 
charameristics  are  fully  developed  in  the  bonk  before  us.  The  stirring  incidenis  f 
Ueiieral  Taylor's  life,  and  the  recent  battles  on  Mexican  soil  are  well  portrtyed  — 
ihf  kfery  fair  and  inijiartial  style  of  narration  being  a  rare  quality  in  dejjiclin?  banle 
Rceims.     The  book  will  repay  an  attentive  perusal.— iV.  Y.  Tribune. 

The  i.iFE  OF  Major  General  Zachary  Taylor.  By  H.  Montgomery.— 
^iHitUer  and  .«ull  another  "  illustrated  "  Life  of  the  great  American,  (would  that  he 
had  as  nr.«iiy  lives  as  the  publishers  give  him,)  the  American  whom  Carlyle  would 
recognise  as  '-a  hero"  worthy  of  his  pen's  most  eloquent  recognition;  the  man  op 
»i;TY  in  an  age  of  Self.  An  American  in  everything  ;  in  valor,  in  strong  musculai 
cn.se;  in  simplicity  and  directness  ami  cordiality  of  feeling;  an  American  in  every 
aiiig.  save  in  devotion  to  our  new  political  God  of  Expediency. 

The  volume  before  us  is  put  forth  in  Auburn,  by  the  editor  of  the  Auburn  Daily 
kdveriiser,  whose  vigorous,  fluent  style,  and  skill  in  compressing  his  materials, 
wtust  ^»iake  hi.^  elegant  volume  very  grniM-ally  acceptable.  Many  of  the  traiti 
wcribed  to  General  Taylor  have  been  assimilated  by  some  of  his  admirers  to  the 
leading  military  characteristics  of  Frederick  the  Great.  But,  unlike  Frederick. 
Taylor  IS  anyihing  but  a  martinet  in  discipline  ;  and,  though  his  movements  of  small 
bodies  of  troops  against  vast  odds,  are  characterized  by  the  vigorous  will  and  iron 
rlc".ermination  of  Frederick,  the  arbitrary  disposition  of  the  Prussian  despot  is  whol'y 
alien  lo  his  tolerant  and  candid  nature.  Taylor's  affectionate  and  almost  parental 
reiatir  ,  la  hia  soldiers,  perhaps,  alone  first  suggested  the  parallel,  a.s  we  find  i'. 
h';.icJ  in  the  K'.lowing  stanza  of  some  verses  upon  one  of  his  battles,  quoted  by  Mr 
Montgomei>  : 

"  '  Old  Zach  !'  'Old  Zach  !'  the  war  cry  rattles 

Among  those  men  of  iron  tread,  * 

A»  rung  'Old  Fritz'  in  Europe's  battles 
When  "bus  his  hoe!  f^reat  Frederick  led." 

Literary  World 


FEESH  LEAVES  from  WESTERN  WOODS, 

BEING   THE   PEOSE   WOE£S   OF 

MISS  METTA  VICTORIA  FULLER,  the  GIFTED  WESTERN  POETESS : 

Containing  over  300  I2mo.  pages.    lUnstrated. 


EXTRACTS  FROM  REVIEWS- 

l5  HER  w«rrn»os,  we  discern  more  unquestionable  marks  of  true  genius,  and  • 
greater  portion  of  the  unmistakable  inspiration  of  true  poetic  art  than  in  any  of  th« 
iAdy  writers  that  we  have  heretofore  ushered  to  the  applause  of  the  public.  In  spirit 
nod  in  genius,  a  most  interesting  and  brilliant  lady — still  in  the  earliest  youth — un- 
doubtedly destined  to  occupy  a  very  distinguished  and  permanent  place  among  tha 
native  authors  of  this  land. — Home  Journal. 

Gracefoi,,  spirited,  and  brilliant  poetess. — N.  Y.  TVibune. 

She  endently  writes  with  great  facility,  with  a  fine  command  of  poetical  language, 
\nd  a  fency  singularly  rich  in  apt  and  various  illustration. — R.  W.  Gritwold. 

Her  contributions  to  the  "Home  Joiu'nal,"  prove  her  to  be  a  reai  poet — born  poet 
-  -of  the  unmistakable  stamp. — New  Orleans  Delta. 

Mks  Fuller,  who  has  written  much  for  the  "Home  Journal,"  under  the  signature 
of  "Singing  Sybil,"  has  an  imusual  degree  of  grace  and  imagination. — TVaihington 
Union. 

Ohio  is  furnistiing  the  Union  with  its  best  poetry.  We  are  proud  of  her  geniiu 
and  confident  of  her  triiunph. — Ohio  State  Journal. 

The  qualities  of  her  personal  and  social  character  are  as  attractive  as  her  mental 
gifts  are  extraordinary.  She  will  be  found  to  deserve  as  warm  a  sympathy  from  the 
hearts  of  the  virtuous  as  the  admiration  which  she  will  receive  from  the  judgments 
of  the  discerning. — Detroit  Trihane. 

She  is  already  enviably  known  to  the  great  literary  world,  although  young  and  just 
balancing  upon  the  threshold  of  womanhood.  Some  of  her  productions  have  been 
widely  republished,  and  have  found  a  place  in  the  English  press. — Southern  Cliristian 
ddvocate. 

Notable  instance  of  what  a  gifted  mind  can  accomplish  in  winning  distinctioi* 
without  the  advantages  of  wealth,  literary  friends,  or  patrons,  to  give  her  a  &vorabl« 
aitroduction  to  the  reading  world. — Cleveland  Herald. 

PTTBtlSHED  BY 

DERBY,  ORTON  &  MULLIGAN,  Buffido,  N.  T. 
DERBY  AND  MILLER,  Aubum,  N,  Y. 


OWVERSITY  OF  CALUORIflA 


LOS  ANrjRT  KQ 


AA    000  824  529    2 


I,   ir  . 


